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HomeMy WebLinkAboutApplication Materials404M PROPERTY LINE ADJUSTMENT 14WPlanning Please complete the following application checklist. Note that additional information may be required upon further review in order to adequately address the applicable criteria for approval. If you have any questions about filling out this application, please contact Planning staff at the Permit and Information Center, phone 541-682-5377, 99 West 10th Avenue, Eugene. List all Assessor's Map and Tax Lot numbers of the property included in the request. Assessor's Map Tax Lot Zoning Existing Use 18030333 A portion of 3100 R-1, PD Vacant Address of involved properties: Not assigned Pending Building Permit or Land Use application?: ❑ Yes, application Number: No Is this a removal of a property line? E] Yes, Plat Name (if applicable): No Purpose of proposed property line change: Adjust boundary for a new private street Commercial or Industrial Building(s) located on site? ❑ Yes - Submit an additional written statement and set of site plans at the time of initial submittal. No Filing Fee A filing fee must accompany all applications. The fee varies depending upon the type of application and is adjusted periodically by the City Manager. Check with Planning staff at the Permit and Information Center to determine the required fee or check website at https://www.eugene-or.gov/2040/Fees-and-Forms Submittal Requirements: Provide 2 paper copies and one electronic copy of all application materials (i.e. written statement, site plans, etc.) in pdf format at the time of initial submittal. Please note that it is the applicant's responsibility to make sure that the electronic and paper copies are identical. Following completeness review, an updated electronic copy and additional paper copies may be required. All site plans a size equal or less than 11" x 17". Written Statement Submit a detailed written statement describing how this request is consistent with all applicable criteria (Section 9.8415 of the Eugene Code) ❑N Submit a detailed written statement describing how the proposal complies with Section 9.8405 of the Eugene Code, which includes the following requirements; The adjustment will not result in an increase in the number of parcels or lots. The proposal will not create more than 2 adjustments to any of the affected lots or parcels within a calendar year. www. euaene-or. goy/planning Planning & Development Updated: October 2019 Planning Division 99 W. 10TH Avenue, Eugene, OR 97401 Phone: 541.682.5377 or E-mail: planning@ci.eugene.or.us Page 1 of 3 RE The adjustment will result in less than a 200% change in the size of a lot or parcel ❑N The adjustment will not result in a reconfiguration as defined in the Eugene Code Q■ The adjustment will not create a flag lot Site Plan Requirements Show the date, north arrow, and standard engineer's scale on site plan Show the Assessor's Map and Tax Lot numbers on the site plan. Show a vicinity map on the site plan (vicinity map does not need to be to scale). Site Plan has been stamped by an Oregon licensed Land Surveyor (unless request involves a parallel adjustment to platted lots). Show existing dimensions and square footage of the parcels involved. Al Show the proposed dimensions and square footage of the parcels involved. Clearly label the existing property line proposed for removal or adjustment. Clearly show the proposed adjusted property line. Show all adjacent streets, alleys, and accessways, including right-of-way and paving widths. Show all dimensions of existing public utility easements and any other areas restricting use of the parcels, such as conservation areas, slope easements, access easements, etc. Show the location, setbacks and height of all existing structures, including those under pending building permits. General Requirements (Submit 1 copy) Submit a current preliminary title report for each parcel. Title report(s) must have been issued within one year of the date the application is submitted. Submit legal descriptions for each proposed parcel (resulting parcel configurations). This legal description must be typed on an 8%" x 11" white sheet of paper (no letterhead) so that it is suitable for recording. Submit documentation and a written summary proving that the property included in the proposed property line adjustment is/are legal lot(s). See the definition of a legal lot in EC 9.0500. 0 If any parcel or lot contains structures other than single-family residences, submit additional information demonstrating that the adjusted line will not conflict with applicable Uniform Building Code requirements. N/A El If property contains /WR or /WQ overlay zones, submit a map showing the percentage of the: (a) combined area of the /WR conservation setback and any portion of the Goal 5 Water Resource Site that extends landward beyond the conservation setback; (b) or the /WQ management area N/A ❑ Is the property R-1 and located within Fairmount, SUNA or Amazon or Jefferson Westside Neighborhood Association boundaries? If so, the line may only be moved 5 feet perpendicularly or 10 feet to accommodate an existing encroachment. www. euaene-or. aov/piannina Planning & Development Updated: October 2019 Planning Division 99 W. 10TH Avenue, Eugene, OR 97401 Phone: 541.682.5377 or E-mail: planning@ci.eugene.or.us Page 2 of 3 Note: This is not a complete list of requirements. Additional information may be required after further review in order to adequately address the applicable approval criteria. By signing, the undersigned certifies that he/she has read and understood the submittal requirements outlined, and that he/she understands that omission of any listed item may cause delay in processing the application. I (We), the undersigned, acknowledge that the information supplied in this application is complete and accurate to the best of my (our) knowledge. OWNER (Also the Applicant? Yes / ❑ No): Eastridge Home Development, LLC Name (print): Michael Loomis Phone: 360-892-0514 Address: 1300 Esther Street, Ste. 200 City/state/zip: Vancouver, WA 98660 Signature: OWNER (Also the Applicant? Yes / ❑ No): Eastridge Home Development, LLC Name (print): Michael Loomis Phone: 360-892-0514 Address: 1300 Esther Street, Ste. 200 City/state/zip: Vancouver, WA 98660 Signature: APPLICANT'S REPRESENTATIVE ❑ ESIGNATED CONTACT PERSON M (Check all that apply): Name (print): Zach PeIZ Company/Organization: AKS Engineering & Forestry, LLC Address: 3700 River Road N, Suite 1 City/State/Zip: Keizer, OR 97303 E-mail (if applicable): peIZZ@aks-eng.com Phone: 503-400-6028 lax: Signature: WWW. euaene-or. goy/planning Planning & Development Updated: October 2019 Planning Division 99 W. JOT" Avenue, Eugene, OR 97401 Phone: 541.682.5377 or E-mail: planning@ci.eugene.or.us Page 3 of 3 East Highlands- Lot 46 PUD Modification, Cluster Subdivision, Property Line Adjustment and Slope Easement Vacation Application Date: November 2021 Submitted to: City of Eugene 99 W 10th Avenue Eugene, OR 97401 Applicant: Eastridge Home Development, LLC. 1300 Esther Street Vancouver, WA 98660 AKS Job Number: 3881-01 I ■ ~717-- 1 fl y E G r jl OR 97303 400-6028 A Table of Contents 1. Executive Summary .................................................................................................................2 II. Site Description/Setting ..........................................................................................................3 III. Applicable Review Criteria ......................................................................................................3 CITY OF EUGENE LAND USE CODE ..3 Chapter 9 - Land Use 3 Base Zones 3 General Standards for All Development ..9 Public Improvement Standards ..9 Site Development Standards 11 Standards for Streets, Alleys, and Other Public Ways 19 Tree Preservation and Removal Standards 25 Application Procedures 27 Type II Application Procedures 27 Cluster Subdivision 27 Planned Unit Development, Final Plan 31 Property Line Adjustment 31 Subdivision, Tentative Plan 33 Vacations 42 EAST RIDGE VILLAGE FINAL PUD SURVIVING CONDITIONS OF APPROVAL 45 Condition 3: 45 Condition 4: 46 Condition 5: 46 Condition 6: 46 Condition 7: 46 Condition 9: 47 Condition 10: 47 Condition 13: 47 Condition 14: 47 Condition 15: 48 Condition 16: 48 Condition 17: 48 Condition 18: 49 Condition 19: 49 Condition 21: 49 Condition 22: 49 IV. Conclusion ............................................................................................................................51 Exhibits Exhibit A: Preliminary Plans Exhibit 6: Application Forms Exhibit C: Preliminary Title Report Exhibit D: Neighborhood Meeting Summary Exhibit E: Geotechnical Engineering Report Exhibit F: Preliminary Stormwater Report Exhibit G: PDF 02-2 Exhibit H: Slope Easement 2007-067300 Exhibit I: Adjusted Lot Legal Descriptions East Highlands-Lot 46 PUD Modification, Cluster Subdivision, Property Line Adjustment and Slope Easement Vacation Application Submitted to: City of Eugene Planning Division 99 W 10th Avenue Eugene, OR 97401 Applicant: Property Owner: Applicant's Consultant: Site Location: Lane County Assessor's Map: Site Size: Land Use Districts: Eastridge Home Development, LLC. 1300 Esther Street Vancouver, WA 98660 Eastridge Home Development, LLC 1300 Esther Street, Suite 200 Vancouver, WA 98660 AKS Engineering & Forestry, LLC 3700 River Road N, Suite 1 Keizer, OR 97303 Contact(s): Zach Pelz, AICP Email: pelzz@aks-eng.com Phone: (503) 400-6028 South and east of Brackenfern Road 18030333 a portion of Tax Lot 3100 ±1.32 acres following the included Property Line Adjustment Low-Density Residential (R-1) with Planned Development (PD) I. Executive Summary This consolidated PUD modification, cluster subdivision, property line adjustment and slope easement vacation application involves the creation of nine rowhouse lots, conservation areas, and a private street on a ±1.32-acre site, which includes a portion of Tax Lot 3100 (Lane County Assessor's Maps 18030333). The site is currently being platted as Lot 46 in the East Highlands Subdivision. A portion of Lot 45 is also included in the property line adjustment application to accommodate the private street connection to Deerfern Road. The essential components of the project include: • A modification to the East Ridge Village PUD to allow: o Rowhouse lots on the site, o To modify the boundary of the conservation and common areas established with the original PUD (PDF 02-2) and subsequent decision, and o Modify the boundary of Lot 45/46. • A cluster subdivision application to create nine lots for future rowhouses; • Nine lots for future rowhouses; • Two lots for conservation areas; • A private street to serve the new lots; • A property line adjustment so that the new private street can be placed in its own lot; • A request to vacate a slope easement covering a portion of the Brackenfern Road frontage. The East Ridge Village Planned Unit Development (PUD) was approved on August 8, 2002, and contains multiple phases which are detailed on the PUD's final approved site plans. There have been a number of modifications to the PUD over the years. MDA 04-5 modified Phase 5, and MDA 06-7 modified Phase 7 and approved a new time schedule. In 2009, the Eugene City Council passed Ordinance 20440, which extended the approved timeline by an additional three years. In June 2011, an additional modification was approved (MDA 11-6), which set a phased schedule as an exhibit to the performance agreement. In March, 2014, a fourth modification was approved (MDA 14-1) that extended the timeframe for submitting the tentative subdivision applications for each phase. In September, 2015, a modification was approved (MDA 15-3) which modified the road configuration, various lot lines, and lot clustering in Phases 2, 3, 4, 7, and 8. Finally, MDA 19-4 extended the deadlines for submitting a Tentative Subdivision application for Phases 6 and 7 to December 6, 2022, and the deadline for submitting a Tentative Subdivision application for Phase 4 to January, 2023. The PUD modification included in this application will modify the previously approved plan for Lot 46 (formerly Lot 50 East Mountain - First Addition, and East Ridge Village PUD - Phase 6). The East Ridge Village PUD previously approved the lot for a 14-unit condominium building. Therefore, a modification to the PUD is required to allow the planned rowhouses on this lot. Eastridge Home Development, LLC. (Applicant) intends to request a permit to begin grading the site prior to final plat approval, so as to permit the entirety of Phase 6 of the East Ridge Village PUD to be designed and mass graded in conjunction, in turn limiting impacts to adjacent properties This application includes the City of Eugene (City) application forms, written materials, and tentative plans necessary for City staff to review and determine compliance with the applicable approval criteria. The evidence is substantial and supports the City's approval of the application. ,~/►L7 East Highlands Lot 46 - City of Eugene November 2021 PUD Modification, Cluster Subdivision, Property Line Adjustment and Page 2 Slope Easement Vacation II. Site Description/Setting The project site includes Lot 46 of the East Highlands Subdivision and is located south of Brackenfern Road and east of Pinerock Drive, on a portion of Tax Lot 3100 (Lane County Assessor's Tax Map 18030333). The total site area is ±1.32 acres following the property line adjustment, is irregular in shape, and is in the Low Density Residential (R-1) zoning district. The property is vacant and vegetated, with undulating topography. The R-1 zoning district surrounds the subject property on all sides. The easement in Slope Easement Document No. 2007-067300-Exhibits A-9 and B-9 (included in Exhibit H) covers a portion of the Brackenfern Road frontage. III. Applicable Review Criteria CITY OF EUGENE LAND USE CODE Chapter 9 - Land Use Base Zones 9.2740 Residential Zone Land Use and Permit Requirements. The following Table 9.2740 Residential Zone Land Use and Permit Requirements identifies those uses in the residential zones that are: (P) Permitted. (SR) Permitted, subject to an approved site review plan or an approved final planned unit development. (C) Subject to an approved conditional use permit or an approved final planned unit development. (PUD) Permitted, subject to an approved final planned unit development. (S) Permitted, subject to the Special Development Standards for Certain Uses beginning at EC 9.5000. W) The numbers in ( ) in the table are uses that have special use limitations that are described in EC 9.2741 Special Use Limitations for Table 9.2740. The examples listed in Table 9.2740 are for informational purposes and are not exclusive. Table 9.2740 does not indicate uses subject to Standards Review. Applicability of Standards Review procedures is set out at EC 9.8465. Requirements - Residential Dwellings. (All dwellings, including accessory dwellings, shall meet minimum and maximum density requirements in accordance with Table 9.2750 Residential Zone Development Standards unless specifically exempted elsewhere in this land use code. All dwelling types are permitted if approved through the Planned Unit Development process.) Rowhouse (One-Family on Own Lot Attached to Adjacent P(3) Residence on Separate Lot with Garage or Carport Access to the Rear of the Lot) Response: This project involves a modification of the East Ridge Village PUD (PDF 02-2) to allow for a cluster subdivision to create nine lots for future rowhouses on an existing lot where a ,~/►L7 East Highlands Lot 46 - City of Eugene November 2021 PUD Modification, Cluster Subdivision, Property Line Adjustment and Page 3 Slope Easement Vacation 14-unit condominium building is currently planned. The proposed development is a permitted use in the R-1 zoning district. This standard is met. 9.2741 Special Use Limitations for Table 9.2740 (3) Rowhouses. (a) In R-1, new rowhouses are prohibited within the city-recognized boundaries of Amazon Neighbors, Fairmount Neighbors and South University Neighborhood Association. Response: The project is not located within the City-recognized boundaries of Amazon Neighbors, Fairmount Neighbors, or the South University Neighborhood Association. This standard is not applicable. (b) In R-1.5, rowhouses shall comply with all of the following: 1. Maximum Building Size: Eight rowhouses in a building, no more than 180 feet in width. 2. Minimum Interior or Rear Open Space Required: 400 square feet per rowhouse with a minimum smallest dimension of 14 feet. 3. Auto access and parking shall be provided from the alley to the rear of the lot; there shall be no auto access from the front of the lot. 4. Siting requirements of EC 9.2735. Response: The project is not located in the R-1.5 district. These special standards do not apply. 9.2750 Residential Zone Development Standards. In addition to applicable provisions contained elsewhere in this code, the development standards listed in this section and in EC 9.2751 to EC 9.2777 shall apply to all development in residential zones. In cases of conflicts, standards specifically applicable in the residential zone shall apply. In cases of conflicts in this section between the general standards and the area-specific standards, the area-specific standards shall apply. The following Table 9.2750 sets forth the residential zone development standards, subject to the special development standards in EC 9.2751. 9.2751 Special Development Standards for Table 9.2750 ,~/►L7 East Highlands Lot 46 - City of Eugene November 2021 PUD Modification, Cluster Subdivision, Property Line Adjustment and Page 4 Slope Easement Vacation 1 • i, Density Minimum Net Density per Acre No Minimum Maximum Net Density per Acre 14 units Maximum Building Height (2), (3), (4), (5), (16), (17), (18) Main Building. Does not include main building on Alley Access Lot in R-1 30 feet Main Building on Alley Access Lot in R-1 See (18) Minimum Building Setbacks (2), (4), (6), (9), (10), (11), (16), (17), (18) Front Yard Setback (excluding garages and carports) 18 feet Front Yard Setback for Garage Doors and Carports (12) 18 feet Interior Yard Setback (except where use, structure, location is more specifically addressed below)(7) 5 feet or minimum of 10 feet between buildings Interior Yard Setback for Buildings Located on Flag Lots in R-1 Created After December 25, 2002 (See EC 9.2775(5)(b)) 10 feet Interior Yard Setback for Accessory Buildings in R-1 See (16) Maximum Lot Coverage (17), (18) All Lots, except where specifically addressed below 50% of Lot Lots with Accessory Dwellings (Area-Specific) See (17)(c) Alley Access Lots in R-1 See (18) Fences (14) Maximum Height Within Interior Yard Setbacks 6 feet Maximum Height within Front Yard Setbacks 42 inches Alley Access Lots (18) General Standards See (17)(a) and (b) Response: Lot 46 is ±55,232 square feet or ±132 acres in area following the property line adjustment included in this application. Nine rowhouse lots are planned, resulting in a planned density of 7 units per acre (9 units / 1.32 acres = 6.81 units/acre). This tentative subdivision application does not involve the construction of homes. Building height, setbacks, lot coverage, and other development standards in Table 9.2750 relating to future structures will be reviewed with the building permit applications for the homes on each of the proposed lots. The applicable setbacks are shown on the Preliminary Plans in Exhibit A. These standards, to the extent they apply, are met or can be met at the time of future development permit requests 9.2760 Residential Zone Lot Standards. The following Table 9.2760 sets forth residential zone lot standards, subject to the special standards in EC 9.2761. ,~/►L7 East Highlands Lot 46 - City of Eugene November 2021 PUD Modification, Cluster Subdivision, Property Line Adjustment and Page 5 Slope Easement Vacation ° 2~EC 9.2761 Sp f f 77 Lot Area Minimum (1) Lots, except Rowhouse Lots, Small Lots, Duplex Lots, Triplex Lots, Fourplex Lots, Residential Flag Lots, Duplex Division Lots 4,500 square feet Small Lots (2) Per Cluster Subdivision or PUD Rowhouse Lots (3) (Rowhouse lots shall be indicated on the final plat and shall be developed with a rowhouse.) 1,600 square feet Lot Frontage Minimum (1) Interior Lot 50 feet Rowhouse Lot 15 feet Lot Width Minimum (1) Interior Lot 50 feet Response: As shown on the Tentative Dimensioned Subdivision Plans in Exhibit A, all the rowhouse lots are planned with greater than 1,600 square feet of area and 1S feet of frontage and lot width. The adjusted Lot 45 exceeds the lot area minimum in the R-1 and exceeds the minimum requirement for lot frontage and lot width (50 feet). These standards are met. 9.2761 Special Standards for Table 9.2760. (1) Lot Standards. (a) In determining lot area in a residential zone, the area within a public or private street or alley shall be excluded. Response: The lot areas indicated on the Tentative Cluster Subdivision Plans in Exhibit A do not include any area within the planned private street. This standard is met. (b) Solar standards may impose a more restrictive lot standard. (See EC 9.2790 Solar Lot Standards.) Response: The rowhouse lots will provide the same solar orientation as what is currently approved for the site. The lots created throughout the East Ridge Village PUD were evaluated and found to meet the solar lot standards under City of Eugene Land Use Code (EC) 9.2790 with more than 70 percent of the lots designated as solar lots. Further, the lot is sloped 20 percent or more in a direction greater than 45 degrees east or west of true south and is, therefore, exempt from the solar lot requirements as provided by EC 9.2790(4)(a). (c) Lot area, frontage, and width minimums may be modified with an approved cluster subdivision in R-1 or Planned Unit Development (PUD) in any zone. Response: The lot dimensions and configuration, shown on the Tentative Cluster Subdivision Plans in Exhibit A show that the R-1 standards for rowhouse lots are met and do not need to be modified. This application includes a cluster subdivision to modify the Lot C conservation lot consistent with the East Ridge Village Planned Unit Development. East Highlands Lot 46 - City of Eugene November 2021 PUD Modification, Cluster Subdivision, Property Line Adjustment and Page 6 Slope Easement Vacation (2) Small Lots. Lots shall comply with other small lot provisions unless approved as a cluster subdivision or a Planned Unit Development (PUD). (See EC 9.2770 Small Lot Standards for R-2, R-3 and R-4 Zones.) Response: Small lots are not proposed as part of this application. The lot configurations shown substantially conform to the previously approved plans, and this application does not involve changes to the approved configuration. This standard has been met. (3) Rowhouse Lots. (a) In R-1, rowhouse lots can be created only in a subdivision created after August 1, 2001 that contains 10 or more lots and where the overall residential density in the subdivision complies with Table 9.2750 Residential Zone Development Standards, except that the creation of new rowhouse lots is prohibited within the city-recognized boundaries of Amazon Neighbors, Fairmount Neighbors and South University Neighborhood Association. Response: The application involves creation of a total of 12 lots. Nine of the lots will be rowhouse lots, two will be conservation lots, and one will be a lot to contain the private street. As discussed in the response to Table 9.2750, the proposed residential density complies with Table 9.2750 and is not located within the boundaries of Amazon Neighbors, Fairmount Neighbors, or the South University Neighborhood Association. (b) In all zones, rowhouses shall have street frontage for the residence and alley access for off-street parking. Response: As shown on the Preliminary Plans in Exhibit A, the rowhouse lots have street frontage on Brackenfern Road. Access to the off-street parking to the rear of the homes will be provided with a private street design to meet the City of Eugene's design standards for alleys. This standard is met. (4) Flag Lots. (a) No variances to residential flag lot standards are allowed. (b) The creation of new flag lots is prohibited in the R-1 zone within the city-recognized boundaries of Amazon Neighbors, Fairmount Neighbors and South University Neighborhood Association. (c) Other residential flag lot standards also apply. (See EC 9.2775 Residential Flag Lot Standards for R-1, R-2, R-3 and R-4.) Response: Flag lots are not included in this application. These standards do not apply. (5) Exceptions to the maximum lot size shall be granted if any of the following is met: (a) Existing physical circumstances such as topographically constrained lands, conservation easements, existing buildings, or utility easements prevent the ability to further divide the lot. (b) The lot exceeding the maximum lot size is intended to reserve a large lot for future land division with feasibility demonstrated by a conceptual buildout plan. (c) The subdivision achieves a minimum density of 9 units per net acre. (d) The exception will enable protection of natural resources. East Highlands Lot 46 - City of Eugene November 2021 PUD Modification, Cluster Subdivision, Property Line Adjustment and Page 7 Slope Easement Vacation Response: Conservation areas and commonly owned areas that exceed the maximum allowed lot size were approved for the site under the original East Ridge Village PUD (PDF 02-2). The modification included in this application will modify the boundaries of the areas and place them in their own lots. Therefore, the conservation area lots shown on the plan will exceed the maximum lot standard but will remain consistent with the designation and configuration of these area approved for the PUD. Further, the conservation area lots will preserve trees and existing natural features of the site as allowed for in subsection S(d), and the private street will provide access consistent with the approved PUD and consistent with the provisions in this section. (6) Unless approved through a planned unit development process, in any 1 subdivision there shall be a maximum of 25% duplex lots, 15% triplex lots, and 10% fourplex lots. At least 50% of the lots must be for one-family detached dwellings or rowhouses. Fractions are reduced to the next lowest number. Response: All the planned residential lots in this cluster subdivision are planned for one-family attached row houses and are being reviewed under a planned development modification process. This standard is met. (7) In R-1, interior lots shall not have frontage on two non-intersecting streets unless approved through the cluster subdivision or planned unit development process where alternative proposals were evaluated, and there is no feasible alternative to the creation of double frontage lots. Response: The double frontage lots included in this application are being approved through a planned unit development modification and a concurrent cluster subdivision application. As previously discussed, EC 9.2761(3)(b) requires that rowhouse lots have frontage on a street and alley access to parking areas. Per City feedback at the pre-application conference, the alley access is being provided with a private street that is designed to City standards for alleys. The configuration is substantially similar to the layout approved under PDF 02-2, which featured a 14-unit condominium building with frontage on Brackenfern Road and access provided from the rear. Therefore, the layout substantially conforms to the approved PUD layout as modified by this application. This standard is met. (8) Duplex Division Lots. Duplex division lots shall comply with other duplex division provisions. (See EC 9.2777 Duplex Division Lot Standards.) Response: This project does not involve duplex division lots. This standard does not apply. (9) Lot width and lot frontage minimums in R-2, R-3 and R-4 can be reduced to 20 feet as part of an approved site review plan, planned unit development, or cluster subdivision. Unless otherwise approved through a planned unit development or cluster subdivision, at no point, for the entire extent of the lot, shall the side lot lines be less than 20 feet apart. Response: The project site is not designated R-2, R-3, or R-4. This standard does not apply. (10) Alley Access Only Lots/Parcels can be created only through an approved cluster subdivision in the R-1 zone or an approved planned unit development in any zone. Response: The City informed the Applicant at the pre-application conference that a private street is required to provide access to these lots. The private street is configured to be consistent ,~/►L7 East Highlands Lot 46 - City of Eugene November 2021 PUD Modification, Cluster Subdivision, Property Line Adjustment and Page 8 Slope Easement Vacation with City standards for alleys (20 feet of paved width for 2-way travel plus sidewalk) and is being created through a cluster subdivision process. This standard does not apply. 9.2790 Solar Lot Standards. (1) Applicability. Solar lot standards apply to the creation of lots within subdivisions in R-1 and R-2 zones. (2) Solar Lot Requirements. In R-1 and R-2, at least 70% percent of the lots in a subdivision shall be designed as "solar lots" and shall have a minimum north- south dimension of 75 feet and a front lot line orientation that is within 30 degrees of the true east-west axis. For purposes of this subsection, a lot proposed for more than one dwelling unit shall count as more than one lot, according to the number of units proposed (e.g. a lot proposed for a fourplex shall be considered 4 lots). (See Figure 9.2790(2) Solar Lot Requirements.) Response: The rowhouse lots will provide the same solar orientation as what is currently approved for the site. The lots created throughout the East Ridge Village PUD were evaluated and found to meet the solar lot standards under EC 9.2790 with more than 70 percent of the lots designated as solar lots. Further, the lot is sloped 20 percent or more in a direction greater than 45 degrees east or west of true south and is, therefore, exempt from the solar lot requirements as provided by EC 9.2790(4)(a). General Standards for All Development Public Improvement Standards 9.6500 Easements. (1) The city may require the dedication of easements for wastewater sewers and other public utilities, and for access thereto for maintenance, of a sufficient width to meet the intended use, provided the city makes findings to demonstrate consistency with constitutional requirements. (2) Easements may be required along lot or parcel rear lines or side lines, or elsewhere as necessary to provide needed facilities for present or future development of the area. (3) No building, structure, tree, or other obstruction shall be placed or located on or in a public utility easement. Prior to approval of a final PUD, final site review plans, or final plats, there shall appear thereon a restriction showing compliance with this subsection. Response: The easements and dedications necessary for delivering utilities to the project are shown on the Preliminary Plans in Exhibit A. This tentative subdivision application does not involve the construction of buildings or structures. To the extent these standards apply, they are met. 9.6505 Improvements - Specifications. All public improvements shall be designed and constructed in accordance with adopted plans and policies, the procedures specified in Chapter 7 of this code, and standards and specifications adopted pursuant to Chapter 7 of this code. Additionally, all developments shall make and be served by the following infrastructure improvements: (1) Water Supply. All developments shall be served by the water system of the Eugene Water & Electric Board. East Highlands Lot 46 - City of Eugene November 2021 PUD Modification, Cluster Subdivision, Property Line Adjustment and Page 9 Slope Easement Vacation Response: Domestic water service will be provided to the lots as shown on the Preliminary Composite Utility Plan in Exhibit A. These improvements are intended to comply with all applicable City standards. The Applicant can provide the required documentation from the Eugene Water and Electric Board (EWER) for review with a future final plat application. This standard can be met. (2) Sewage. All developments shall be served by the wastewater sewage system of the city, complying with provisions in Chapter 6 of this code. Response: Sanitary sewer service will be provided to the lots as shown on the Preliminary Composite Utility Plan in Exhibit A. These improvements are intended to comply with all applicable City standards. The public sewer system serving the site has been designed as part of the East Highlands Subdivision and is currently under review through the Privately Engineered Public Improvement (PEPI) permitting process. This standard is be met. (3) Streets and Alleys. (a) The developer shall grade and pave all streets and alleys in the development site. All paving shall be to the width specified in EC 9.6870 Street Width and provide for drainage of all such streets and alleys, and construct curbs and gutters, sidewalks, street trees and street lights within the development site according to the Design Standards and Guidelines for Eugene Streets, Sidewalks, Bikeways and Accessways and standards and specifications adopted pursuant to Chapter 7 of this code and other adopted plans and policies. Response: The private street is planned to be paved and graded to the paved width required for a primary access alley (20' for two-way travel) per the requirements in EC 9.6870. The improvements are intended to comply with the Standards and Guidelines for Eugene Streets, Sidewalks, Bikeways and Accessways as well as the applicable provisions of Chapter 7. Compliance with these standards can be reviewed and verified as part of future site development permits. This standard can be met. (b) The developer shall pave streets and alleys adjacent to the development site to the width specified in EC 9.6870 Street Width, unless such streets and alleys are already paved to that width, provided the City makes findings to demonstrate consistency with constitutional requirements. All paving shall provide for drainage of all such streets and alleys, and construct curbs and gutters, sidewalks, street trees and street lights adjacent to the development site according to the Design Standards and Guidelines for Eugene Streets, Sidewalks, Bikeways and Accessways and standards and specifications adopted pursuant to Chapter 7 of this code and other adopted plans and policies. Response: The streets adjacent to the site are public improvements that are either installed (Brackenfern Road) or under review as part of the improvements serving the East Highlands subdivision (Deerfern Road). This standard does not apply. (c) The standard at (3)(b) may be adjusted if consistent with the criteria of EC 9.8030(19). Response: The private street is planned to be paved and graded, as shown on the Preliminary Dimensioned Subdivision Plans in Exhibit A. The planned improvements shown in the plans are intended to comply with the applicable standards of Chapter 7. The Applicant ,~/►L7 East Highlands Lot 46 - City of Eugene November 2021 PUD Modification, Cluster Subdivision, Property Line Adjustment and Page 10 Slope Easement Vacation intends to request a permit to begin grading the site prior to final plat approval. These standards can be met. (4) Sidewalks. Sidewalks shall be located, designed and constructed according to the provisions of this land use code, the Design Standards and Guidelines for Eugene Streets, Sidewalks, Bikeways and Accessways, construction and design standards adopted pursuant to Chapter 7 of this code, and other adopted plans and policies. Response: The private street is designed to meet the local street standard for a two-way alley contained in the Design Standards and Guidelines for Eugene Streets, Sidewalks, Bikeways and Accessways pursuant to Chapter 7 of this code. This includes a sidewalk on one side of the street per the advice from the City provided at the pre-application conference which will provide multi-modal options to future residents. This standard is met. (5) Bicycle Paths and Accessways. Bicycle Paths and Accessways shall be designed and constructed according to provisions of this land use code, the Design Standards and Guidelines for Eugene Streets, Sidewalks, Bikeways and Accessways, construction and design standards adopted pursuant to Chapter 7 of this code, and other adopted plans and policies. Response: The project does not propose or warrant construction of new bicycle paths and or accessways. The layout is a minor modification to the layout approved for the lot under PDF 02-2. The preliminary layout was approved which was approved without bicycle paths or accessways. Therefore, the submitted layout is consistent with the layout approved under the PUD. This standard is not applicable. Site Development Standards 9.6775 Underground Utilities. (1) Exemptions from Underground Utility Standards. The following are exempt from the undergrounding requirement of this section: (a) Temporary uses on a development site. (b) New utility connections to structures or buildings with legally established above ground utility service. (c) Accessory dwellings that can be served from an existing legally established above ground utility service to the primary dwelling on the development site. (d) Dwellings on alley access lots that can be served from an existing above ground utility-owned structure. (2) Underground Utility Standards. All new on-site utilities shall be placed underground if there is a utility-owned structure immediately adjacent to the development site, unless adjusted pursuant to the provisions of EC 9.8030(5). This requirement is satisfied if the applicant verifies in writing that utilities will be placed underground concurrent with planned future development to occur within 12 months. Exceptions shall be made for such features as pad mounted transformers, switch cabinets, back flow prevention devices and closures needed to safely operate and maintain utility systems. Response: Planned utilities will be placed underground as shown on the Preliminary Composite Utility Plan in Exhibit A. This standard is met. East Highlands Lot 46 - City of Eugene November 2021 PUD Modification, Cluster Subdivision, Property Line Adjustment and Page 11 Slope Easement Vacation 9.6780 Vision Clearance Area. Development sites shall have triangular vision clearance areas on all street corners to provide for unobstructed vision consistent with American Association of State Highway and Transportation Officials (AASHTO) standards. (See Figure 9.0500 Vision Clearance Area). Vision clearance areas shall be kept free of all visual obstructions from 2'/z feet to 9 feet above the curb line. Where curbs are absent, the crown of adjacent streets shall be used as the reference point. These vision clearance requirements may be adjusted if consistent with the criteria of EC 9.8030(11) of this land use code. Response: Vision clearance areas are planned, as shown on Preliminary Dimensioned Subdivision Plans (Sheet P11) in Exhibit A. These vision clearance areas are intended to be kept free of visual obstructions from 2.5 to 9 feet above the curb line in accordance with this standard. This standard is met. 9.6791 Stormwater Flood Control. (1) Purpose. The purpose of EC 9.6791 is to protect life and property from flood and drainage hazards by maintaining the capacity of the city's stormwater conveyance system through the establishment of flood control regulations for stormwater runoff. These standards are also intended to ensure that urban stormwater discharged into junction City Water Control District's flood control system meets the assigned downstream capacity of the District's system. (2) Applicability and Exemptions. (a) Except as provided in EC 9.6791(2)(b), flood control standards apply to all development permit applications and land use applications. (b) The standards in EC 9.6791(3) do not apply to development permit applications where the proposed development will be served by a flood control facility that is a manmade drainage system designed to accommodate stormwater run-off generated by the stormwater basin area. Response: This tentative subdivision application is a land use application. This section applies. (3) Standards. (a) Stormwater flood control facilities shall be designed and constructed according to adopted plans and policies, and in accordance with standards in EC Chapters 6 and 7, and the stormwater flood control provisions and the facility design requirements set forth in the Stormwater Management Manual. Response: The planned stormwater management facilities are shown on the Preliminary Composite Utility Plan in Exhibit A in accordance with the findings and recommendations in the Preliminary Stormwater Report in Exhibit F. The private road will drain to Deerfern Road which is being reviewed and constructed as part of the East Highlands Subdivision. The homes are proposed to be piped to existing infrastructure in Brackenfern Road. The facilities shown are planned to comply with the applicable standards in the Stormwater Management Manual. This standard can be met. (b) Based on the Rational Method flow calculation, stormwater runoff from the development site for the flood control design storm shall be: ,~/►L7 East Highlands Lot 46 - City of Eugene November 2021 PUD Modification, Cluster Subdivision, Property Line Adjustment and Page 12 Slope Easement Vacation 1. Discharged into existing stormwater flood control facilities that, considering all developments that have received tentative or final plan approval as of the date the applicant submits a complete application, have the capacity to handle the stormwater runoff; or 2. Retained or detained onsite; or 3. Discharged into a new stormwater flood control facility constructed by the applicant. Response: The planned stormwater management facilities are shown on the Preliminary Composite Utility Plan in Exhibit A in accordance with the findings and recommendations in the Preliminary Stormwater Report in Exhibit F. The private road will drain to Deerfern Road which is being reviewed and constructed as part of the East Highlands Subdivision. The homes are proposed to be piped to existing infrastructure in Brackenfern Road. The facilities shown are planned to comply with the applicable standards in the Stormwater Management Manual. This standard can be met. 9.6792 Stormwater Quality. (1) Purpose. The purpose of EC 9.6792 is to reduce runoff pollution and mitigate the volume, duration, time of concentration and rate of stormwater runoff from development by implementing stormwater management techniques that promote the use of natural and built systems for infiltration, evapotranspiration and reuse of rainwater and that use or mimic natural hydrologic processes while capturing and treating approximately 80% of the average annual rainfall. (2) Applicability and Exemptions. (a) The standard in EC 9.6792(3)(a) applies to all land use applications submitted after March 1, 2014, that do not propose construction of a public street, private street or a shared driveway. Response: This tentative cluster subdivision application is being submitted after March 1, 2014, and involves construction of a private street. The standards in EC 9.6792(3)(a) do not apply. (b) The standards in EC 9.6792(3)(b), (e)-(g) apply to all land use applications submitted after March 1, 2014, that propose construction of a public street. Response: This tentative cluster subdivision application does not include construction of a public street. This standard does not apply. (c) The standards in EC 9.6792(3)(c), (e)-(g) apply to all land use applications submitted after March 1, 2014, that propose construction of a private street or shared driveway. Response: This tentative cluster subdivision application involves construction of a private street. (d) Except as exempt under EC 9.6792(2)(e), the standards in EC 9.6792(3)(d)-(g) apply to applications for all development permits submitted after March 1, 2014. Response: This tentative subdivision application does not include a development permit application. The standards in 9.6792(3)(d) through (g) do not apply. The Applicant understands that these standards will apply to any future development permit. ,~/►L7 East Highlands Lot 46 - City of Eugene November 2021 PUD Modification, Cluster Subdivision, Property Line Adjustment and Page 13 Slope Easement Vacation (3) Standards. (a) For land use applications not proposing the construction of a public or private street or shared driveway, the applicant shall submit a site development plan that delineates the following conditions existing on the development site: 1. Infiltration rates less than 2 inches per hour; 2. Bedrock less than 5 feet below the ground surface; 3. Groundwater elevations less than 6 feet; or, 4. Ground surface slopes greater than 10%. Response: This Tentative Subdivision Application involves the construction of a private street. This standard does not apply. (b) For land use applications proposing the construction of a public street, stormwater quality facilities to treat the stormwater runoff from the proposed public street shall be selected from the Stormwater Management Manual and shall be based on the following priority order: infiltration, filtration, mechanical treatment. 1. If selecting an infiltration or filtration facility to treat the stormwater runoff from the public street, the facility can be sized to also treat the stormwater runoff from the one and two family dwelling lots or parcels adjoining the public street based on full buildout of those lots or parcels. 2. If using a mechanical facility to treat the stormwater runoff from the public street or if the infiltration or filtration facility is not sized to also treat the stormwater runoff from the adjoining lots or parcels at full buildout, all lots or parcels created by the land division application shall comply with EC 9.6792(3)(d)-(g) at the time of development permit application. Response: This application does not involve the construction of a public street, but will connect to the existing stormwater facilities in Brackenfern Road that were constructed with the East Ridge Village PUD, and the facilities presently under review for construction in Deerfern Road that were planned and designed to accommodate runoff from area Lot 46 of the PUD proposed to be modified by this application as discussed in the Preliminary Stormwater Report in Exhibit F. This standard is met. (c) For land use applications proposing construction of a private street or shared driveway, stormwater quality facilities to treat the runoff from the proposed private street or shared driveway shall be selected from the Stormwater Management Manual and shall be based on the following priority order: infiltration, filtration. 1. An infiltration or filtration treatment facility to treat the stormwater runoff from the shared driveway or private street can be sized to treat the stormwater runoff from the proposed one and two family dwelling lots or parcels that adjoin the shared driveway or private street based on full buildout of those lots or parcels. ,~/►L7 East Highlands Lot 46 - City of Eugene November 2021 PUD Modification, Cluster Subdivision, Property Line Adjustment and Page 14 Slope Easement Vacation 2. If the infiltration or filtration facility is not sized to treat the stormwater runoff from the adjoining lots or parcels at full build out, all lots or parcels created by the land division application must comply with EC 9.6792(3)(d)-(g) at the time of development permit application. Response: This application involves the construction of a private street. The project will connect to the existing stormwater facilities in Brackenfern Road that were constructed with the East Ridge Village PUD, and the facilities presently under review for construction in Deerfern Road that were planned and designed to accommodate runoff from the area of the PUD proposed to be modified by this application. Please refer to the Preliminary Stormwater Report in Exhibit F for more information. This standard is met. (d) For development permit applications, stortwater quality facilities shall be selected from the Stormwater Management Manual and shall be based on the following priority order: infiltration, filtration, off-site stormwater quality management. 1. If selecting a filtration treatment facility, the applicant shall submit a report that demonstrates at least one of the following development site conditions exist: a. Infiltration rates are less than 2 inches per hour; b. Bedrock is less than 5 feet below the ground surface; C. Groundwater elevations are less than 6 feet; or, d. Ground surface slopes are greater than 10%. 2. If selecting off-site stormwater quality management by contributing to the public off-site stormwater quality facilities, through payment of a higher stormwater system development charge adopted as part of the City's system development charge methodology, the applicant shall submit a report that demonstrates there is insufficient land area to construct an approved infiltration or filtration facility by setting forth the required size of the smallest infiltration or filtration facility needed for the development's impervious surface area and a site plan demonstrating that an approved infiltration or filtration facility cannot be located on the development site without reducing the size of the proposed development which is otherwise consistent with all other applicable lot and development standards. Response: This tentative cluster subdivision application does not include development permits for structures. All applicable standards will be reviewed with future development applications. These standards do not apply. (e) The selected stormwater quality facilities shall treat all stormwater runoff from all new or replaced impervious surface areas, or an equivalent on-site area, that will result from the water quality design storm except that the selected the stormwater quality facility does not need to treat the stormwater runoff from new or replaced impervious surface that is 500 sq. feet or less and does not gravity-feed into the selected treatment facility. Response: The planned stormwater management facilities are shown on the Preliminary Composite Utility Plan in Exhibit A. The project will connect to the existing stormwater facilities in ,~/►L7 East Highlands Lot 46 - City of Eugene November 2021 PUD Modification, Cluster Subdivision, Property Line Adjustment and Page 15 Slope Easement Vacation Bra ckenfern Road that were constructed with the East Ridge Village PUD, and the facilities presently under review for construction in Deerfern Road that were planned and designed to accommodate runoff from the area of the PUD proposed to be modified by this application. These standards are not applicable. (f) All stormwater quality facilities shall be sited, designed and constructed according to the water quality provisions and the facility design requirements set forth in the Stormwater Management Manual. Response: The planned stormwater management facilities are shown on the Preliminary Composite Utility Plan in Exhibit A. The project will connect to the existing stormwater facilities in Brackenfern Road that were constructed with the East Ridge Village PUD, and the facilities presently under review for construction in Deerfern Road that were planned and designed to accommodate runoff from the area of the PUD proposed to be modified by this application. These standards are not applicable. (g) The standards in EC 9.6792(3) may be adjusted pursuant to EC 9.8030(24). Response: This application does not request an adjustment permitted by Section 9.8030(24). These standards are not applicable. 9.6793 Stormwater Flow Control (Headwaters). (1) Purpose. The purpose of EC 9.6793 is to protect waterways in the headwaters area from the erosive affects of increases in stormwater runoff peak flow rates and volumes resulting from development. (2) Applicability and Exemptions. (a) Except as exempt under EC 9.6793(2)(c), the standards in EC 9.6793(3) apply to all land use applications for development sites in the headwaters area that drain directly into a headwater stream or drain into a pipe that discharges into a headwater stream that are submitted after July 14, 2006 requesting approval of one or more of the following: 1. A cluster subdivision - tentative plan (EC 9.8055); 2. A conditional use (EC 9.8090 or 9.8100); 3. A partition - tentative plan (EC 9.8215 or 9.8220); 4. A planned unit development - tentative plan (EC 9.8320 or 9.8325); 5. Site review (EC 9.8440 or 9.8445); 6. A subdivision tentative plan (EC 9.8515 or 9.8520). (b) Except as exempt under EC 9.6793(2)(c), the standards in EC 9.6793(3) apply to all applications for development permits for development sites in a headwaters area that drain directly into a headwater stream or drain into a pipe that discharges into a headwater stream that are submitted after July 14, 2006. (c) The standards in EC 9.6793(3) do not apply to: ,~/►L7 East Highlands Lot 46 - City of Eugene November 2021 PUD Modification, Cluster Subdivision, Property Line Adjustment and Page 16 Slope Easement Vacation 1. A land use application that will result in the construction or creation of less than 1,000 square feet of new or replaced impervious surface at full buildout of the development. 2. A development permit application for any of the following: a. Development of a lot or parcel included in a land use application that was determined by the city to comply with the standards in EC 9.6793(3). For such a development permit, the approved land use plan shall control. b. Development of a lot or parcel that was not included in a land use application that was determined by the city to comply with the standards in EC 9.6793(3) and: (1) Will result in less than 1,000 square feet of new or replaced impervious surface within a 12 month period; or (2) Is to construct or alter a one or two family dwelling; or (3) Is for the replacement of more than 1,000 square feet of impervious surface for purposes of maintenance or repair for the continuance of the current function, providing that as part of such maintenance and repair the applicant is replacing less than 50% of the length of the stormwater drainage system (including pipes, drainageway catch basins and drywells) on the development site. 3. Development sites within a drainage basin for which the city has constructed or approved a project to restore the receiving waterway, and the entire downstream system has been designed to accommodate full build-out conditions within the drainage basin. (3) Standards. (a) Applications shall demonstrate, using methodology in the Stormwater Management Manual, that peak rates of flow delivered to an existing open waterway at a point above 500 feet in elevation will not increase during storms larger than the water quality design storm and smaller than the flood control design storm as a result of the development that is the subject of the application; (b) For purposes of designing the system as required by the standards in this section, the amount of impervious surface per lot is assumed to be the maximum lot coverage allowed for the use in the zone in which it is located, unless the applicant demonstrates otherwise. (c) All facilities to control the rate of stormwater runoff shall be sited, designed and constructed according to the flow control provisions and the facility design requirements set forth in the Stormwater Management Manual. Flow control facilities must be designed using one of the methodologies outlined in the Stormwater Management Manual. ,~/►L' East Highlands Lot 46 - City of Eugene November 2021 PUD Modification, Cluster Subdivision, Property Line Adjustment and Page 17 Slope Easement Vacation (d) The standards in EC 9.6793(3) may be adjusted pursuant to EC 9.8030(24). Response: The project will connect to the existing stormwater facilities in Brackenfern Road that were constructed with the East Ridge Village PUD, and the facilities presently under review for construction in Deerfern Road that were planned and designed to accommodate runoff from the area of the PUD proposed to be modified by this application. As per Section 9.6793(2)(c)2.a., the standards of Section 9.6793 do not apply to the development of a parcel included in a land use application that was determined by the city to comply with the standards of Section 9.6793(3). While this application does not request a development permit, existing land use approvals on the subject site were reviewed and approved for consistency with Section 9.6793(3). Following approval of this land use request, future development permits will continue to comply with the existing and modified land use approvals on the subject site. These standards are not applicable. 9.6796 Dedication of Stormwater Easements. (1) Purpose. The purpose of EC 9.6796 is to ensure that city maintained stormwater management facilities designed and constructed in accordance with EC 9.6791-9.6795 and the Stormwater Management Manual can be accessed by the city for routine and/or emergency maintenance to protect life and property from flood and drainage hazards, ensure that water quality is protected, and to ensure that waterways in the headwaters area are protected from the erosive effects of runoff. (2) Applicability. Stormwater easement standards set forth in EC 9.6796(3) apply to all land use applications and development permits that result in the construction of a city maintained stormwater management facility. (3) Standards. The applicant must dedicate public easements approved by the city over city maintained stormwater management facilities provided the city makes findings to demonstrate consistency with constitutional requirements. The conveyance of ownership or dedication of easements may be required in any of the following circumstances: (a) Except for areas on the city's acknowledged Goal 5 inventory, where the subject property in the proposed development is or will be periodically subject to accumulations of surface water or is traversed by any open drainage way, headwater, stream, creek, wetland, spring, or pond, including those not maintained by the city which drain onto or from city-owned property or into city maintained facilities. (b) For areas on the city's acknowledged Goal 5 inventory, where the subject property in the proposed development is or will be periodically subject to accumulations of surface water or is traversed by any water course or channel. (c) Where necessary to extend public drainage facilities and services to adjoining undeveloped property. (d) To provide necessary drainage from the public right-of-way. (e) Where the facility will provide treatment for runoff from the public right-of-way and the City will be maintaining the facility. Response: The project will connect to existing public stormwater facilities in Brackenfern Road that were constructed with the East Ridge Village PUD, and were designed to accommodate ,~/►L7 East Highlands Lot 46 - City of Eugene November 2021 PUD Modification, Cluster Subdivision, Property Line Adjustment and Page 18 Slope Easement Vacation runoff from the area of the PUD included in this application. Any easements required to accommodate connection to the existing stormwater management facilities in Brackenfern Rd. will be provided. These standards have been or can be met. 9.6797 Stormwater Operation and Maintenance. (1) All stormwater facilities shall be operated and maintained in accordance with EC Chapters 6 and 7, and the Stormwater Management Manual. (2) Unless the applicant proposes private maintenance of the facility, a stormwater facility that will provide treatment for runoff from the public right- of-way shall be: (a) Designed and constructed through the Privately Engineered Public Improvement (PEPI) process; and (b) Located in public rights of way or public easements dedicated in accordance with EC 9.6796; and (c) Selected from the list of stormwater facilities identified in the Stormwater Management Manual as a type of facility that the City will operate and maintain. Response: The Applicant intends to operate and maintain the planned stormwater facilities, shown on the Preliminary Composite Utility Plan in Exhibit A, in accordance with the Stormwater Management Manual. Refer to the Preliminary Stormwater Report in Exhibit F for more information. The responsibilities for operating and maintaining the private facilities will be addressed through either updated covenants, conditions, and restrictions (CC&Rs) or a separate maintenance agreement to be recorded against the lots and run with the dirt. These standards can be met. Standards for Streets, Alleys, and Other Public Ways 9.6805 Dedication of Public Ways. As a condition of any development, the city may require dedication of public ways for bicycle and/or pedestrian use as well as for streets and alleys, provided the city makes findings to demonstrate consistency with constitutional requirements. Public ways for pedestrian and bicycle accessways, streets and alleys to be dedicated to the public by the applicant shall conform with the adopted Street Right of way Map, and EC Table 9.6870. Response: The project will connect to Deerfern Road, which will be constructed as part of the East Highlands Subdivision as shown in Exhibit A. The necessary public right-of-way to accommodate Deerfern Road will be dedicated as part of the East Highlands Plat. The proposed private road to serve the project will be dedicated in a private lot to serve the future residents of Lot 1-9, and to be owned and maintained by the East Highlands HOA. This standard can be met. 9.6810 Block Length. Block length for local streets shall not exceed 600 feet, unless an exception is granted based on one or more of the following: (1) Physical conditions preclude a block length 600 feet or less. Such conditions may include, but are not limited to, topography or the existence of natural resource areas such as wetlands, ponds, streams, channels, rivers, lakes or upland wildlife habitat area, or a resource on the National Wetland Inventory or under protection by state or federal law. ,~/►L7 East Highlands Lot 46 - City of Eugene November 2021 PUD Modification, Cluster Subdivision, Property Line Adjustment and Page 19 Slope Easement Vacation (2) Buildings or other existing development on adjacent lands, including previously subdivided but vacant lots or parcels, physically preclude a block length 600 feet or less, considering the potential for redevelopment. (3) An existing public street or streets terminating at the boundary of the development site have a block length exceeding 600 feet, or are situated such that the extension of the street(s) into the development site would create a block length exceeding 600 feet. In such cases, the block length shall be as close to 600 feet as practicable. (4) As part of a Type II or Type III process, the developer demonstrates that a strict application of the 600-foot requirement would result in a street network that is no more beneficial to vehicular, pedestrian or bicycle traffic than the proposed street network and that the proposed street network will accommodate necessary emergency access. Response: This application does not create new blocks. The configuration of the public streets serving the site (including the block lengths) were approved under the original East Ridge Village PUD (PDF 02-2). This application does not involve changes to the approved configuration. This standard has been met. 9.6815 Connectivity for Streets. (2) Street Connectivity Standards. (a) All streets and alleys shall be public unless the developer demonstrates that a public street or alley is not necessary for compliance with this land use code or the street connectivity standards of subparagraphs (b) through (f) of this subsection. Response: The private street shown in the tentative plans in Exhibit A will function as a private driveway to serve the new rowhouse lots. The street is substantially similar to the private driveway and parking area previously approved to serve the condominium units approved for this lot under the East Ridge Village PUD PDF 02-2, which are being modified by this application. The modification only involves minor changes to the approved alignment due to the topographical constraints on the property. Given that this general alignment of the facility has already been approved, and that the modified alignment provides the same degree of connectivity as the previously approved alignment, the private street is not necessary to meet any additional connectivity standards of subparagraphs (b) through (f) of this subsection. This standard is met. (b) The proposed development shall include street connections in the direction of all existing or planned streets within 1/4 mile of the development site. The proposed development shall also include street connections to any streets that abut, are adjacent to, or terminate at the development site. Response: As shown in the Preliminary Plans in Exhibit A, the private street will provide access from, and connect to, the future extension of Deerfern Road to the north, which will be constructed with the East Highlands subdivision. The subject property abuts existing or planned public right-of-way, and existing or planned open space and conservation easements. There are no streets which abut or terminate at the development site, or are planned to be extended through the development site in the future. This standard is met. ,~/►L7 East Highlands Lot 46 - City of Eugene November 2021 PUD Modification, Cluster Subdivision, Property Line Adjustment and Page 20 Slope Easement Vacation (c) The proposed development shall include streets that extend to undeveloped or partially developed land that is adjacent to the development site or that is separated from the development site by a drainage channel, transmission easement, survey gap, or similar property condition. The streets shall be in locations that will enable adjoining properties to connect to the proposed development's street system. Response: As shown in the Preliminary Plans in Exhibit A, the private street will provide access from, and connect to, the future extension of Deerfern Road, which will connect the new rowhouse lots to the street network planned in the East Highlands Subdivision and previous phases of the East Ridge Village PUD. This standard is met. (d) Secondary access for fire and emergency medical vehicles consistent with EC 9.6870 is required. Response: EC 9.6870 does not include objective standards for secondary access for fire and emergency vehicles. OFC D107.1 requires secondary access in developments of more than 30 dwellings. The project does not involve more than 30 dwelling on a single access road. Therefore, a secondary access is not required, Further, the Brackenfern Road frontage provides fire access and the individual homes are planned to be sprinkled so that a turnaround is not required at the end of the planned private street. This standard is met. (e) Except for applications proposing needed housing, all applicants shall show that the proposed street alignment shall minimize excavation and embankment and avoid impacts to natural resources, including water-related features. Response: As previously discussed, the private street shown in the Preliminary Plans in Exhibit A is substantially similar to the private driveway and parking area previously approved to serve the condominium units approved under the East Ridge Village PUD (PDF 02-2) and being modified by this application. Excavation and embankment are still necessary, as they were under the existing alignment. However, the revised excavation and embankment will be less than what was previously approved because the modified alignment follows the slope contours to the north on Deerfern Road to minimize the finished grade of the street. Also, the rowhouses will have reduced building footprints when compared to the existing 14-unit condominium approval for the property, which allows the rowhouses, private street and retaining wall to be shifted slightly north, reducing the overall height of the retaining wall. The alignment avoids impacts to natural resource areas with the modified configuration of the conservation areas and does not impact any water-related features. This standard has been met. (f) In cases where a required street connection would result in the extension of an existing street that is not improved to city standards and the street has an inadequate driving surface, the developer shall construct a temporary barrier at the entrance to the unimproved street section with provision for bicycle, pedestrian, and emergency vehicle access. The barrier shall be removed by the city at the time the existing street is improved to city standards or to an acceptable standard adopted by the public works director. In making a determination of an inadequate driving surface, the public works director shall consider the street rating according to Eugene's Paving Management System and the anticipated traffic volume. ,~/►L7 East Highlands Lot 46 - City of Eugene November 2021 PUD Modification, Cluster Subdivision, Property Line Adjustment and Page 21 Slope Easement Vacation Response: This application does not involve the extension of substandard streets. This standard does not apply. (g) In the context of a Type II or Type III land use decision, the city shall grant an exception to the standards in subsections (2)(b), (c) or (d) if the applicant demonstrates that any proposed exceptions are consistent with either subsection 1. or 2. below: 1. The applicant has provided to the city, at his or her expense, a local street connection study that demonstrates: a. That the proposed street system meets the intent of street connectivity provisions of this land use code as expressed in EC 9.6815(1); and b. How undeveloped or partially developed properties within a quarter mile can be adequately served by alternative street layouts. 2. The applicant demonstrates that a connection cannot be made because of the existence of one or more of the following conditions: a. Physical conditions preclude development of the connecting street. Such conditions may include, but are not limited to, topography or likely impact to natural resource areas such as wetlands, ponds, streams, channels, rivers, lakes or upland wildlife habitat area, or a resource on the National Wetland Inventory or under protection by state or federal law. b. Buildings or other existing development on adjacent lands, including previously subdivided but vacant lots or parcels, physically preclude a connection now or in the future, considering the potential for redevelopment. Response: As discussed in the previous response to subsections (2)(b), (c), and (d), exceptions to these standards are not required. These standards do not apply. 9.6820 Cul-de-Sacs or Emergency Vehicle Turnarounds. (1) Except for streets that are less than 150 feet long and streets that will be extended in the future, all streets that terminate shall be designed as a cul-de- sac bulb or an emergency vehicle turnaround. Response: Other than the minor modifications to the layout discussed throughout this application, the layout is intended to be substantially consistent with the layout approved under PDF 02-2. That layout included a 14-unit condominium building with a private access aisle in a substantially similar configuration to the private street shown in the submitted layout. OFC D107.1 requires secondary access in developments of more than 30 dwellings. The project does not involve more than 30 dwelling on a single access road. Further, the Brackenfern Road frontage provides fire access and the homes are planned to be sprinkled so that a turnaround is not required at the end of the planned private street. This standard is met. This standard does not apply. (2) If a street will be extended in the future, a temporary easement shall be provided and an emergency vehicle turnaround shall be constructed. ,~/►L7 East Highlands Lot 46 - City of Eugene November 2021 PUD Modification, Cluster Subdivision, Property Line Adjustment and Page 22 Slope Easement Vacation Response: The street will not be extended in the future. A temporary easement with an emergency vehicle turnaround is not required. (3) There shall be no cul-de-sacs more than 400 feet long from the centerline of the intersecting street to the radius point of the cul-de-sac bulb. _(4) Public accessways to provide safe circulation for pedestrians, bicyclists and emergency vehicles shall be required from a cul-de-sac or emergency vehicle turnaround longer than 150' in length when measured from the centerline of the intersecting street to the radius point of the cul-de-sac or to the center point of the emergency vehicle turnaround. Response: Cul-de-sacs are not planned for this application. These standards do not apply. 9.6830 Intersections of Streets and Alleys. (1) Angles. (a) Streets and alleys shall intersect one another at an angle as near to a right angle as is practicable considering topography of the area and previous adjacent layout. (b) If an intersection must occur at an angle of less than 90 degrees, it shall comply with the standards in the American Association of State Highway and Transportation Officials (AASHTO) publication entitled "A Policy on Geometric design of Highways and Streets," then in effect, or its replacement publication. Response: As shown on the Preliminary Plans in Exhibit A the new street will intersect Deerfern Road at a right angle. These standards have been met. (2) Offsets. The minimum intersection offset shall be 100 feet on a local street, 200 feet on a collector street, and 400 feet on an arterial street unless adjusted through the process for adjustments to standards of EC 9.8030(12). Offsets shall be measured from the center lines of the two intersecting streets. Response: The project is not proposing an intersection between two public roads. The new private street will take access from Deerfern Road, which will be a local street. The spacing of the intersection exceeds 100 feet from Brackenfern Road (a collector). Further, the location of the intersection is substantially similar to the location approved in PDF 02-2. The modification of the PUD will increase the previously approved spacing. This standard is met. 9.6835 Public Accessways. (1) The city shall require within the development site the dedication to the public and improvement of accessways for pedestrian and bicyclist use to connect the development site to adjacent cul-de-sacs or to an adjacent site that is undeveloped, publicly owned, or developed with an accessway that connects to the subject site, provided the city makes findings to demonstrate consistency with constitutional requirements. Public accessways shall conform to design standards for accessways contained in the "Design Standards for Eugene Streets, Sidewalks, Bikeways and Accessways". (2) Existing unimproved public accessways on properties adjacent to the development site shall be improved consistent with the "Design Standards for Eugene Streets, Sidewalks, Bikeways and Accessways" if such accessways are connected to the subject site, provided the city makes findings to demonstrate ,~/►L7 East Highlands Lot 46 - City of Eugene November 2021 PUD Modification, Cluster Subdivision, Property Line Adjustment and Page 23 Slope Easement Vacation consistency with constitutional requirements. Said improvements to unimproved public accessways shall connect to the closest public street or developed accessway. (3) Adjustments to Standards. The standard at EC 9.6835(1) may be adjusted if consistent with the criteria of EC 9.8030(20). Response: The private street is intended to function as a driveway serving the nine rowhouse lots. Although is its being reviewed as a private street, it will serve the same purpose as the driveway and parking area previously approved to serve the 14 condominium units in PDF 02-2. Therefore, the proposed private street provides public connectivity consistent with connectivity provided in the approved East Ridge Village PUD. Additional connectivity is not required under the PUD; therefore, a public accessway is not necessary. These standards do not apply. 9.6855 Street Names. Wherever practical, streets that are in alignment with existing named streets shall bear the names of such existing streets. Names for streets that are not in alignment with existing streets are subject to approval by the planning director and shall not unnecessarily duplicate or resemble the name of any existing or platted street in Lane County. Response: Street names can be selected that do not unnecessarily duplicate or resemble the name of any existing or platted street in Lane County. This standard can be met. 9.6870 Street Width. Unless an alternative width is approved through use of other procedures in this code, the right-of-way width and paving width of streets and alleys dedicated shall conform to those designated on the adopted Street Right-of-Way map. When a street segment right-of-way width is not designated on the Street Right-of-Way map, the required street width shall be the minimum width shown for its type in Table 9.6870 Right-of-Way and Paving Widths. Based on adopted plans and policies, adopted "Design Standards and Guidelines for Eugene Streets, Sidewalks, Bikeways, and Accessways," or other factors which, in the judgment of the planning and public works director necessitate a greater street width, a right-of-way width greater than the minimum width shown for its type in Table 9.6870 can be required for applications submitted in accordance with EC 9.8090, 9.8055, 9.8215, 9.8320, 9.8440 or 9.8515. The required alley width shall be the width shown for its type in Table 9.6870 Right-of-Way and Paving Width, unless, for applications submitted in accordance with EC 9.8090, 9.8055, 9.8215, 9.8320, 9.8440 or 9.8515, a lesser width is approved by the planning director and public works director based on adopted plans and policies, adopted "Design Standards and Guidelines for Eugene Streets, Sidewalks, Bikeways, and Accessways" or other factors which, in the judgment of the planning and public works director allow for a lesser alley width. ,~/►L7 East Highlands Lot 46 - City of Eugene November 2021 PUD Modification, Cluster Subdivision, Property Line Adjustment and Page 24 Slope Easement Vacation Table 9 Type of Street or Alley .6870 Right-of-Way and Paving Width Right-of-Way (for Public Streets and Alleys only) s Paving Width Major Arterials 100'- 120' 68'- 94' Minor Arterials 65'- 100' 46' 70' Major Collector 60'- 75' 32' - 44' Neighborhood Collector 40' 55' 20' - 43' Bicycle and Pedestrian Accessway: With Fire Accessibility Without Fire Accessibility 20' 10' 20' 10' Local Streets Alley (secondary access) only 14' 12' Alley (primary access) 20' 12' one-way travel 20' two-way travel Access Lane 40'- 55' 21'- 28' Low Volume Residential 45'- 55' 20' - 28' Medium Volume Residential 50'- 60' 20' - 34' Commercial and Industrial 55'- 70' 30' - 44' Cul-de-sac Bulb Radius: Residential 48.5" 35' Non-residential 62' 50' *M easured from face to face of curbs Response: The planned private street is planned with 20 feet of paved width plus a sidewalk consistent with the standard for an alley with two-way travel. This standard is met. 9.6873 Slope Easements. Because of terrain, slope easements may be required to facilitate the construction of streets and alleys and protect the structural integrity of the constructed roadway. Slope easements shall be granted in addition to the required street or alley width listed in Table 9.6870 Right-of-Way and Paving Widths. Response: This application includes a request to vacate the easement in Slope Easement Document No. 2007-067300-Exhibits A-9 and B-9 included in Exhibit H, which covers a portion of the Brackenfern Road frontage. This easement was granted for the purpose of constructing Brackenfern Road. Brackenfern Road has been constructed; therefore, this easement is no longer needed for construction of the road. Additionally, the portion of the property within the easement is located uphill from the Brackenfern roadway. Therefore, the easement is not needed to protect the structural integrity of the roadway. As with the Brackenfern frontage, the portion of the slope easement abutting the Deerfern Road frontage is uphill from the future Deerfern Road improvements. Therefore, a slope easement is not needed to protect the structural integrity of Deerfern Road. The Geotechnical Engineering Report in Exhibit E provides additional support for the requested vacation. 9.6875 Private Street Design Standards. Private streets, when permitted under EC 9.6815(2), shall be designed and constructed in accordance with applicable requirements for private streets contained in the adopted "Design Standards and Guidelines for Eugene Streets, Sidewalks, Bikeways and Accessways." Response: The private street is designed to meet the local street standard for a two-way alley contained in the Design Standards and Guidelines for Eugene Streets, Sidewalks, Bikeways, and Accessways. This standard is met. Tree Preservation and Removal Standards ,~/►L7 East Highlands Lot 46 - City of Eugene November 2021 PUD Modification, Cluster Subdivision, Property Line Adjustment and Page 25 Slope Easement Vacation 9.6882 Applicability of Tree Preservation and Removal Standards. Unless exempt under EC 9.6885(1), the standards in EC 9.6885(2) apply: (1) Prior to city approval of an agreement or permit, including, but not limited to development permits and grading permits, for development activity that would result in the removal of a significant tree on the development site; or (2) When another section of this land use code specifically requires compliance with the standards; or (3) To all subsequent actions impacting trees on property subject to an approved conditional use permit, planned unit development, site review, or subdivision that includes a tree removal/preservation plan or conditions related to tree removal or preservation. Response: As dictated by Section 9.6885(1)(c), this project is exempt from the standards of Section 9.6885 as tree removal for this project is controlled by the tree preservation and removal plans approved under the East Ridge Village PUD (PDF 02-2). Therefore, a PUD modification is included in this application to approve the modified tree removal shown in the Preliminary Plans in Exhibit A. 9.6885 Tree Preservation and Removal Standards. (1) Exemptions from Standards. The standards in this section do not apply to activities regulated under EC 9.4900 through 9.4980, or an application for development activity that includes or will result in: (a) Residential Lots Under 20,000 Square Feet. Removal of significant trees from a parcel of property not subject to the provisions of subsection (c) of this section with an area of less than 20,000 square feet when: 1. Such parcel is occupied by a one-family dwelling, accessory dwelling, or duplex; 2. An application to construct a one-family dwelling, accessory dwelling, or duplex on such lot is being reviewed by the city. However, no significant trees may be removed prior to the approval of the development permit; or 3. The city has entered into an agreement authorizing the start of construction for a one-family dwelling, accessory dwelling, or duplex. (b) Lots 20,000 Square Feet or Larger. Removal of up to 5 significant trees within a period of 12 consecutive months from a parcel of property not subject to the provisions of subsection (c) of this section consisting of 20,000 or more square feet of area; (c) Land Use Approvals. Any tree removal on property subject to an approved conditional use permit, planned unit development, site review, or subdivision that include a tree removal/preservation plan or conditions related to tree removal or retention. In those areas, that plan or city approved modifications thereto control tree removal. This exemption does not apply to the removal of a street tree, which must be authorized by a permit issued pursuant to EC 6.305; ,~/►L7 East Highlands Lot 46 - City of Eugene November 2021 PUD Modification, Cluster Subdivision, Property Line Adjustment and Page 26 Slope Easement Vacation Response: As dictated by Section 9.6885(1)(c), this project is exempt from the standards of Section 9.6885 as tree removal for this project is controlled by the tree preservation and removal plans approved under the East Ridge Village PUD (PDF 02-2). Therefore, a PUD modification is included in this application to approve the modified tree removal shown in the Preliminary Plans in Exhibit A. Application Procedures 9.7010 Application Filing. Applications shall be submitted on a form approved by the city manager, be accompanied by a fee established pursuant to EC Chapter 2, and be signed by the property owner, unless the applicant is a public agency, in which case the signature of the property owner is not required. Application materials shall address each of the criteria and standards applicable to the proposed use including any requested adjustments to standards as provided in provisions beginning at EC 9.8015. For applications described at EC 9.7007(1), the application shall include the following materials related to the neighborhood/ applicant meeting: (1) The list of persons to whom notice was mailed pursuant to EC 9.7007(5) and a signed statement that notice was posted and mailed to those on the list; (2) A copy of the notice; (3) A copy of the meeting notes and sign-in sheet described at EC 9.7007(9); and (4) A copy of the site plan presented at the meeting. Response: The required City forms are included in Exhibit B. A neighborhood meeting was held on October 5, 2021, at 6:00 p.m. The meeting was conducted via an online webinar consistent with the City's current COVID-19 protocols. The mailing list, a copy of the meeting notice, the meeting notes, and the site plan presented at the meeting, and an attendee report of those in attendance at the meeting are included in Exhibit D of this application. This standard is met. Type II Application Procedures 9.7205 Type II Application Requirements and Criteria Reference. The following applications are typically reviewed under the Type II review process according to the requirements and criteria set forth for each application as reflected in the beginning reference column in Table 9.7205. To accommodate a request for concurrent review, the city may instead review multiple applications according to the highest applicable type. • I Type Il Applicati Type II Applications on Beginning Reference Cluster Subdivision: EC 9.8040 Planned Unit Development, Modification EC 9.8370 Vacation of Unimproved Public Right-of-way and Improved Public Easements (except public right-of- way and improved public easements located within undeveloped subdivision and partition plats) EC 9.8700 Response: In addition to the Type II applications listed above, this application includes a property line adjustment, which is being consolidated under this Type II process. Cluster Subdivision ,~/►L' East Highlands Lot 46 - City of Eugene November 2021 PUD Modification, Cluster Subdivision, Property Line Adjustment and Page 27 Slope Easement Vacation 9.8040 Purpose of Cluster Subdivisions The cluster subdivision provisions are designed to provide for flexibility in achieving the allowed density while protecting natural resources or creating open space on development sites in residential zones. 9.8045 Applicability of Cluster Subdivisions Cluster subdivision provisions shall be applied when requested by the property owner and when the proposed subdivision meets the definition of cluster subdivision in section 9.0500 of this land use code. A subdivision application proposing needed housing, as defined in state statutes, shall be processed pursuant to EC 9.8520 Subdivision, Tentative Plan Approval Criteria - Needed Housing. No development permit shall be issued by the city prior to approval of the cluster subdivision. 9.8050 Cluster Subdivision Application Requirements In addition to the provisions in EC 9.7010 Application Filing, the following specific requirements shall apply to tentative cluster subdivision plan applications. (1) All cluster subdivision applications shall include the standard subdivision requirements set forth in EC 9.8510 Subdivision, Tentative Plan Application Requirements except for 9.8510(4). Response: As defined by Section 9.0500, the proposed development meets the definition of a cluster subdivision. As discussed in Section 9.8510 of this narrative, all applicable standard subdivision submittal requirements set forth in EC 9.8510 are met. (2) The cluster subdivision application shall identify a project coordinator that is either licensed in the state of Oregon to practice architecture or landscape architecture. For applications that include 4 acres or more, the application shall also include a professional design team consisting of at least the following professionals: (1) Architect. (2) Civil Engineer or Land Surveyor. (3) Landscape Architect or Planner. Response: The Preliminary Plans included in Exhibit A were prepared by a design team including a licensed civil engineer, licensed surveyor, licensed architect, and a certified land use planner. This requirement is met. 9.8055 Cluster Subdivision - Approval Criteria - General The planning director shall approve, approve with conditions, or deny a proposed cluster subdivision. Approval or approval with conditions shall be based on the following: (1) The proposed subdivision complies with: (a) EC 9.8515 Subdivision, Tentative Plan Approval Criteria - General except for the standards related to EC 9.2760 Residential Zone Lot Standards; and Response: As shown on the Preliminary Dimensioned Subdivision Plans in Exhibit A, all the rowhouse lots are planned with greater than 1,600 square feet of area and 15 feet of frontage and lot width as required under EC 9.2760. Please refer to Chapter 9.515 of this narrative for specific response to EC 9.8515. This criterion is met. ,~/►L7 East Highlands Lot 46 - City of Eugene November 2021 PUD Modification, Cluster Subdivision, Property Line Adjustment and Page 28 Slope Easement Vacation (b) EC 9.2750 Residential Zone Development Standards; Response: Lot 46 is ±57,447 square feet or ±132 acres in area. Nine rowhouse lots are planned, resulting in a planned density of 7 units per acre (9 units / 1.32 acres = 6.81 units/acre). This tentative subdivision application does not involve construction of homes. Building height, setbacks, lot coverage, and other development standards in Table 9.2750 relating to future structures will be reviewed with the building permit applications for the homes on the individual lots. The applicable setbacks are shown on the Preliminary Dimensioned Subdivision Plans in Exhibit A. The standards of Section 9.2750, to the extent they apply, are met. (c) Within the /WR Water Resources Conservation Overlay Zone or the /WQ Water Quality Overlay Zone, no new lot may be created if more than 33% of the lot, as created, would be occupied by either: 1. The combined area of the /WR conservation setback and any portion of the Goal 5 Water Resource Site that extends landward beyond the conservation setback; or 2. The /WQ Management Area; Response: According to City GIS the WR Water Resources Conservation Overlay Zone and WQ Water Quality Overlay Zone is present on a small portion of TL 3100. The applicable standards were reviewed with the East Mountain PUD tentative subdivision. The final plat will be recorded as East Highlands subdivision. Therefore, once Lot 46 is created and recorded, the lot containing this development will be outside the protected area. This criterion does not apply. (d) EC 9.6791 through 9.6797 regarding stormwater flood control, quality, flow control for headwaters area, oil control, source control, easements, and operation and maintenance. Response: Please refer to the responses to EC 9.6791 through EC 9.6797, which describe how these standards are met. This criterion is met. With the exception of density requirements, the residential development standards of EC 9.2750 Residential Zone Development Standards and EC 9.2751 Special Development Standards for Table 9.2750 may be relaxed based on compliance with the remainder of the cluster subdivision criteria. An exception or an adjustment to a development standard constitutes compliance with the standard. Response: Please refer to the responses to EC 9.2750 and EC 9.2751, which describe how these standards are met. This criterion is met. (2) For areas not included on the city's acknowledged Goal 5 inventory, the proposed subdivision includes at least 25% of the development site in common open space that either is suitable area for natural resource protection or for use by residents. Areas used for motor vehicle parking and maneuvering shall not be considered as open space. Response: The conservation areas that are now contained in Lots A and C on the Preliminary Dimensioned Subdivision Plans in Exhibit A are ±8,405 square feet in area and ±14,914 square feet in area respectively. These areas include ±40.6 percent of the site for use by residents. This criterion is met. ,~/►L7 East Highlands Lot 46 - City of Eugene November 2021 PUD Modification, Cluster Subdivision, Property Line Adjustment and Page 29 Slope Easement Vacation (3) For areas not included on the city's acknowledged Goal 5 inventory, the proposed subdivision shall maintain open space around natural features, such as steep slopes, wooded areas, and natural waterways or wetlands where those exist, or create common open space with amenities for community activities for residents such as picnic areas, playgrounds, sports features, or gardens. Response: The conservation areas in Lots A and C on the Preliminary Dimensioned Subdivision Plans in Exhibit A include ±40.6 percent of the site for use by residents. These open areas are intended to preserve trees and slopes to the maximum extent feasible. In comparison to the approved use for the site, i.e., a 14-unit condominium, the proposed modification reduces the density, building bulk, and areas of impervious surface while preserving conservation areas for the use of residents, resulting in insignificant changes in the physical appearance of the development and the use of the site. This criterion is met. (4) The cluster subdivision will provide an appropriate transition to surrounding properties including, but not limited to, anticipated building locations, bulk, and height. Response: The future rowhouses planned on the rowhouse lots in this cluster subdivision are similar in bulk and height to the 14-unit condominium building that was approved for the site under PDF 02-2. Therefore, in order to maintain substantial conformance with the East Ridge Village PUD, similar bulk and height is proposed to preserve the transition to surrounding properties that was envisioned and approved in the PUD. The property is bounded by Brackenfern Road and Deerfern Road to the north with frontage that includes a landscape buffer. Property abutting the project to the west includes a conservation area tract that was platted with the East Ridge Village PUD plat. The platted conservation area provides a substantial buffer between the future rowhouses and the nearest homes to the west. Property to the south is currently vacant but is included in the East Highlands plat that is currently under review. These future homes will be separated from the future rowhouses by a wall. These features will provide an appropriate transition to surrounding properties. This criterion is met. (5) The proposed residential density, accounting for any duplex, tri-plex and fourplex lots, shall comply with Table 9.2750 Residential Zone Development Standards. Response: Please refer to the response under Table 9.2750 discussing how the proposal complies with the applicable Residential Zone Development Standards. This criterion is met. (6) The proposed development provides adequate degree of light, air circulation, and privacy for residents within the development. Response: The application proposes nine attached single-family rowhouses where a 14-unit condominium building is now approved. The topography of the lot will result in the homes being elevated above the Brackenfern Roadway to promote light and air circulation. Privacy for residents within the development will be provided with the conservation areas, landscape buffer, and private access road. This criterion is met. (7) For areas included on the city's acknowledged Goal 5 inventory, natural resource protection shall be consistent with the acknowledged level of protection provided for the resource. ,~/►L7 East Highlands Lot 46 - City of Eugene November 2021 PUD Modification, Cluster Subdivision, Property Line Adjustment and Page 30 Slope Easement Vacation Response: The site does not include areas on the City's acknowledged Goal 5 inventory. This criterion does not apply. Planned Unit Development, Final Plan 9.8370 Modifications to Approved Planned Unit Development. The applicant for the original PUD may apply for a modification of the final PUD approval following the Type II process. The planning director shall approve the request only if it complies with the following criteria: (1) The proposed modification is consistent with the conditions of the original approval. Response: The proposed modification is consistent with the outstanding conditions of approval of the East Ridge Village (PDF 02-2) . Please refer to the responses to the East Ridge Village PUD Surviving Conditions of Approval at the end of this narrative for more information. (2) The proposed modification will result in insignificant changes in the physical appearance of the development, the use of the site, and impact on the surrounding properties. If the planning director determines that the proposed modification is not consistent with the above criteria, the proposed modification may not occur unless a new tentative PUD application is submitted based on the Type III procedural requirements. Nothing in this section shall preclude the applicant from initially submitting the requested modification as a new tentative PUD application. Response: As discussed throughout this application, the general project layout is substantially similar to the approved 14-unit condominium building approved for the site under PDF 02-2 with respect to building placement, its access point and access configuration, and utility design. The proposed modification reduces the building footprint, density, building bulk, areas of impervious surface, and wall height while increasing the total conservation area proposed on site from ±20,290 square feet to ±23,319 square feet. These modification results in insignificant changes in the physical appearance of the development and the use of the site. The impact on the surrounding properties will be somewhat less than the previously approved condominiums as a result of these changes. This criterion is met. Property Line Adjustment 9.8405 Applicability of Property Line Adjustment Applications (1) A property line adjustment application is applicable to changes to the property lines of adjoining properties when all of the following exist: (b) A property line proposed for adjustment will not result in an increase in the number of parcels or lots. Response: The property line adjustment (PLA) will adjust the lines between Lots 45 and 46 of the East Highlands Subdivision. The adjustment will not create an additional lot. This standard is met. (c) A property line proposed for adjustment will not create more than 2 property line adjustments to any of the boundaries of an individual lot or parcel within a calendar year. This subsection does not apply to proposed property line adjustments undertaken by or on behalf of a governmental entity that affect the ability to preserve, manage, or expand park, open space, or natural resource areas. ,~/►L7 East Highlands Lot 46 - City of Eugene November 2021 PUD Modification, Cluster Subdivision, Property Line Adjustment and Page 31 Slope Easement Vacation Response: This PLA application will be the first adjustment to any of the boundaries of these lots in this calendar year. This standard is met. (d) The adjustment will result in less than a 200% change in the size of the lot or parcel. This subsection does not apply to proposed property line adjustments undertaken by or on behalf of a governmental entity that affect the ability to preserve, manage, or expand park, open space, or natural resource areas. Response: The adjustment involves a ±2,215-square-foot exchange area. Following the proposed adjustment, Lot 46 will be increased by 4% in lot area, and Lot 45 will be reduced by 16% in lot area. This standard is met. (2) A property line adjustment application may not be utilized to effect the reconfiguration of lots or parcels which must be approved through the partition or subdivision procedure. Response: The two lots were created through an approved subdivision procedure (East Highlands Subdivision). This standard is met. (3) A property line adjustment application may not be utilized to create flag lots. Response: The property line adjustment application does not propose creating a flag lot. This standard is met. 9.8410 Property Line Adjustment - Application Requirements In addition to the provisions in EC 9.7010 Application Filing, the following specific requirements shall apply to property line adjustment applications: (1) Except for parallel property line adjustments to platted lots, when the adjusted property line is a distance of even width along the common boundary, all applications shall be prepared by an Oregon licensed Land Surveyor. Response: The Preliminary Property Line Adjustment Plan in Exhibit A was prepared by a OR licensed Land Surveyor. (2) Applications shall be signed by at least one of the owners of each parcel involved, and shall include a current preliminary title report issued within one year of the date the application is submitted, for each parcel. Response: The application forms in Exhibit B include owners' signatures. A Preliminary Title Report dated within one year is included in Exhibit C. This requirement is met. 9.8415 Property Line Adjustment - Approval Criteria The planning director shall approve, approve with conditions, or deny the property line adjustment application. Approval or approval with conditions shall be based on compliance with the following criteria: (1) Any buildings to be retained on the properties comply with the minimum front and interior yard setbacks as defined in this land use code. Response: Both lots are currently vacant. This criterion does not apply. (2) The final configuration of property lines shall not reduce an existing lot below the minimum lot standards established in this land use code or otherwise violate standards of this land use code, building codes, fire codes, and Chapter 7. ,~/►L7 East Highlands Lot 46 - City of Eugene November 2021 PUD Modification, Cluster Subdivision, Property Line Adjustment and Page 32 Slope Easement Vacation Response: The final configuration shown on the PLA Plan in Exhibit A will reduce Lot 45 from ±14,062 square feet to ±11,847 square feet, which exceeds the minimum lot standards required in the R-1 zone for single family homes. Please refer to Section 9.2760 for responses to the R-1 lot standards. This criterion is met. (3) The final configuration of property lines shall not violate any previous requirements or conditions of approval imposed with a prior applicable land use decision. Response: Responses to the surviving Conditions of Approval are provided at the end of this narrative. None of these conditions prevent the adjustment of property lines. This application includes a PUD modification to permit this modified lot configuration. This criterion is met. (4) Public assessments, liens, and fees with respect to the property line adjustment have been paid, or: (a) A segregation of assessments and liens has been applied for and granted by the city; or (b) An adequate guarantee in a form acceptable to the city manager has been provided assuring the liens, assessments and fees will be paid prior to recording the property line adjustment. Response: The Applicant can pay any outstanding public assessment or fees prior to recording the final record of survey. This standard can be met. Approval of a property line adjustment does not relieve the applicant from complying with all applicable codes or statutory requirements. (5) Within the /WR Water Resources Conservation Overlay Zone or /WQ Water Quality Overlay Zone, no new lot may be created if more than 33% of the lot, as created, would be occupied by either: (a) The combined area of the /WR conservation setback and any portion of the Goal 5 Water Resource Site that extends landward beyond the conservation setback; or (b) The /WQ Management Area. Response: According to City GIS the there is a mapped resource on a portion of TL 3100 south of Lot 45 and 46. The applicable standards applying to these overlays were reviewed with the East Mountain PUD tentative subdivision. The final plat will be recorded as East Highlands subdivision. Therefore, once the plat is recorded, these lots will be outside the protected area. This standard is not applicable. (6) Within the R-1 zone in the city-recognized boundaries of Amazon Neighbors, Fairmount Neighbors and South University Neighborhood Association, property lines may only be adjusted up to 5 feet, measured perpendicularly from the current location of the property line. A Property Line Adjustment allowed under this section may be up to 10 feet if the adjustment is necessary to accommodate an encroachment that existed as of April 12, 2014. Response: This project is not within the boundaries of Amazon Neighbors, Fairmount Neighbors, or the South University Neighborhood Association. This standard is not applicable. Subdivision, Tentative Plan East Highlands Lot 46 - City of Eugene November 2021 PUD Modification, Cluster Subdivision, Property Line Adjustment and Page 33 Slope Easement Vacation 9.8505 Applicability of Subdivision, Tentative Plan Applications. Requests to create 4 or more lots shall be subject to the subdivision provisions of this land use code under a Type II application process. A subdivision application that also involves a PUD request may not be submitted until a decision on the tentative PUD approval is final. (Refer to EC 9.8305 Applicability.) No development permit shall be issued by the city prior to approval of the subdivision tentative plan application. Response: This tentative cluster subdivision application is being processed under a Type II procedure. 9.8510 Subdivision, Tentative Plan Application Requirements. In addition to the provisions in EC 9.7010 Application Filing, the following specific requirements shall apply to tentative subdivision plan applications: (1) All tentative subdivision applications shall be prepared by an Oregon licensed land surveyor and shall include a preliminary title report. Response: The Preliminary Plans in Exhibit A include a preliminary stamp of a licensed land surveyor. A Preliminary Title Report is included in Exhibit C of this application. This requirement is met. (2) The application shall include all contiguous undeveloped or partially developed property under the same ownership as the subject property, be signed by the owner of the property, and include such related information as prescribed by the planning director. Response: Owner signatures are provided on the City application forms included in Exhibit B of this application. This requirement is met. (3) The tentative subdivision plan application shall include a phasing plan that indicates any proposed phases for development, including the boundaries and sequencing of each phase. Phasing shall progress in a sequence that promotes street connectivity between the various phases of the development and accommodates other required public improvements. Response: The project area subject to this tentative cluster subdivision application is being developed in a single phase, and no further phasing is proposed or required as part of this application. This requirement is not applicable. (4) The lot proposed to be divided in the subdivision application is a legal lot. Response: The subject site consists of a portion of Tax Lot 3100 (Lane County Assessor's Map 18030333). With the recording of the East Highlands Plat, the site will consist of Lot 45 and 46 of the East Highlands Subdivision. Following the property line adjustment Lot 45 will not be further divided. This requirement is met. (5) If the proposal includes needed housing, as defined by State statutes, the written statement submitted with the subdivision application shall clearly state whether the applicant is electing to use the general approval criteria in EC 9.8515 Subdivision, Tentative Plan Approval Criteria- General instead of the approval criteria found in EC 9.8520 Subdivision, Tentative Plan Approval Criteria- Needed Housing. Response: The Applicant is electing to use the applicable general criteria under EC 9.8515, in addition to the cluster subdivision criteria under EC 9.8055. 9.8515 Subdivision, Tentative Plan Approval Criteria - General. The planning director shall approve, approve with conditions, or deny a proposed subdivision. Approval, or approval with conditions shall be based on compliance with the following criteria: ,~/►L7 East Highlands Lot 46 - City of Eugene November 2021 PUD Modification, Cluster Subdivision, Property Line Adjustment and Page 34 Slope Easement Vacation (1) The proposed subdivision complies with all of the following, unless specifically exempt from compliance through a code provision applicable to a special area zone or overlay zone: (a) EC 9.2000 through 9.4170 regarding lot dimensions and density requirements for the subject zone and overlay zone. Within the /WR Water Resources Conservation Overlay Zone, no new lot may be created if more than 33% of the lot, as created , would occupy either: 1. The combined area of the /WR conservation setback and any portion of the Goal 5 Water Resource Site that extends landward beyond the conservation setback; or 2. The /WQ Management Area. Response: Responses to the applicable dimensional and density standards are provided in responses to Sections 9.2740 through 9.2795 in this narrative. The site is outside the protected areas in the Water Resource Conservation (WR) or Water Quality (WQ) Overlay Zones. These criteria are met to the extent that they apply. (b) EC 9.6800 through EC 9.6875 Standards for Streets, Alleys, and Other Public Ways; and Response: The new rowhouse lots are planned to be served by a private street, as shown on the Preliminary Plans in Exhibit A. Due to the unique topography of the site, and to accommodate the City's request that this facility be approved as a private street, the Applicant is requesting relief from certain street standards afforded them under the included PUD modification and cluster subdivision criteria. Responses to the specific street standards are provided previously in this narrative, in response to Sections 9.6805 through 9.6875. This criterion is met. (c) EC 9.6500 through EC 9.6505 Public Improvement Standards. Response: The public improvements planned to serve the project (primarily the construction of Deerfern Road) are being reviewed as part of the East Highlands Subdivision final platting process. Responses to the specific public improvement standards are provided previously in this narrative, in Sections 9.6500 through 9.6505. This criterion is met. (2) Approval does not impede the future best use of the remainder of the property under the same ownership or adversely affect the development of the remainder or any adjoining land or access thereto, based on the provisions of this land use code. For subdivisions involving phasing, it shall be demonstrated that each sequential phase will maintain consistency with the provisions of EC 9.8515 Tentative Subdivision Approval Criteria - General. Response: The property is being developed in accordance with the East Ridge Village PUD (PDF 02- 2), which accounts for development of the entire property. Therefore, there will be no remainder. The proposal will allow the surrounding properties to continue to be developed as planned under the PUD. This criterion is met. (3) Any existing improvements on the proposed lots are consistent with the provisions of this land use code. Response: The subject site is vacant. Therefore, there are no existing improvements that would be made inconsistent with the applicable standards in the land use code. This criterion does not apply. ,~/►L7 East Highlands Lot 46 - City of Eugene November 2021 PUD Modification, Cluster Subdivision, Property Line Adjustment and Page 35 Slope Easement Vacation (4) The proposed subdivision will be consistent with the property's designation in the comprehensive plan and applicable adopted plan policies as reflected in the sections beginning at EC 9.9500. Response: The Metro Plan Land Use Diagram designates the site for low-density residential use. The planned tentative cluster subdivision would create individual rowhouse lots for future single-family homes consistent with this designation. The property is also subject to the Laurel Hills Refinement Plan and the South Hills Study Plan. The lot was previously approved for 14 homes under the original East Ridge Village PUD (PDF 02-2). Therefore, the modified proposal will reduce the density from what is currently approved. This criterion is met. (5) The proposed subdivision will: (a) Not result in unreasonable risk of fire, flood, geological hazards, or other public health and safety concerns; (b) Provide adequate transportation systems, water supply, sewage disposal, drainage, and other public utilities; (c) Not hamper the adequate provision of publicly owned open space for recreation needs. Response: As discussed throughout this application, the project involves a PUD modification to permit nine rowhouse lots on a property where 14 condominium units have land use approval. The potential impacts described under this section were evaluated as part of the East Ridge Village PUD (PDF 02-2) and the subsequent East Highlands Subdivision. Because the density of the proposed project is less than what is currently approved, the City can conclude that the anticipated impacts on public health and safety, transportation, public utilities, and open space will be less, and this criterion is met. (6) The proposed subdivision provides safe, convenient, and direct bicycle and pedestrian access to nearby and adjacent residential areas, transit stops, neighborhood activity centers, commercial areas, and employment and industrial areas, and provides safe, convenient, and direct transit circulation, provided the city makes findings to demonstrate consistency with constitutional requirements. "Nearby" means uses within 1/4 mile that can reasonably be expected to be used by pedestrians, and uses within 2 miles that can reasonably be expected to be used by bicyclists. Response: Responses to the applicable standards for street connectivity are provided in Section 9.6815 of this narrative. The lots will be served by a private street that will connect to the surrounding public street network via Deerfern Road. The public street network under construction as part of the surrounding East Highlands Subdivision has been reviewed and found to provide safe, convenient, and direct bicycle and pedestrian access to nearby and adjacent residential areas, transit stops, neighborhood activity centers, commercial areas, and employment and industrial areas. A private sidewalk is included connecting to the public pedestrian network to provide multi-modal options to future residents This criterion is met. (7) The proposed subdivision is designed and sited such that roads, infrastructure, utilities, and future development of proposed lots will minimize impacts to the natural environment by addressing the following: (a) Protection of Natural Features. ,~/►L7 East Highlands Lot 46 - City of Eugene November 2021 PUD Modification, Cluster Subdivision, Property Line Adjustment and Page 36 Slope Easement Vacation 1. For areas not included on the city's acknowledged Goal 5 inventory, the preservation of significant natural features to the greatest degree attainable or feasible, including: a. Significant on-site vegetation, including rare plants (those that are proposed for listing or are listed under state or federal law), and native plant communities. b. All documented habitat for all rare animal species (those that are proposed for listing or are listed under State or Federal law). C. Prominent topographic features, such as ridgelines and rock outcrops. d. Wetlands, intermittent and perennial stream corridors, and riparian areas. e. Natural resource areas designated in the comprehensive plan diagram as "Natural Resource" and areas identified in any city-adopted natural resource inventory. 2. For areas included on the city's acknowledged Goal 5 inventory, the preservation of natural features shall be consistent with the acknowledged level of preservation provided for the area. Response: The modified project maintains conservation areas, shown on the Preliminary Plans in Exhibit A, that were approved in the original East Ridge Village PUD (PDF 02-2). The site does not contain resources identified in the City's Goal 5 Water Resources Conservation Plan. These criteria are met. (b) Tree Preservation. The proposed project shall be designed and sited to preserve significant trees to the greatest degree attainable or feasible, with trees having the following characteristics given the highest priority for preservation: 1. Healthy trees that have a reasonable chance of survival considering the base zone or special area zone designation and other applicable approval criteria; 2. Trees located within vegetated corridors and stands rather than individual isolated trees subject to windthrow; 3. Trees that fulfill a screening function, provide relief from glare, or shade expansive areas of pavement; 4. Trees that provide a buffer between potentially incompatible land uses; 5. Trees located along the perimeter of the lot(s) and within building setback areas; 6. Trees and stands of trees located along ridgelines and within view corridors; 7. Trees with significant habitat value; 8. Trees adjacent to public parks, open space and streets. 9. Trees along water features. ,~/►L' East Highlands Lot 46 - City of Eugene November 2021 PUD Modification, Cluster Subdivision, Property Line Adjustment and Page 37 Slope Easement Vacation 10. Heritage trees. Response: The Tree Preservation and Removal Plan in Exhibit A was prepared by a certified arborist and preserves significant trees to the greatest extent possible consistent with the plans approved under the East Ridge Village PUD (PDF 02-2), as modified by this application. Responses to the individual tree preservation standards are provided previously in response to Section 9.6880 through 9.6885 of this narrative. These criteria are met. (c) Restoration or Replacement. 1. For areas not included on the city's acknowledged Goal 5 inventory, the proposal mitigates, to the greatest degree attainable or feasible, the loss of significant natural features described in criteria (a) and (b) above, through the restoration or replacement of natural features such as: a. Planting of replacement trees within common areas; or b. Re-vegetation of slopes, ridgelines, and stream corridors; or c. Restoration of fish and wildlife habitat, native plant habitat, wetland areas, and riparian vegetation. To the extent applicable, restoration or replacement shall be in compliance with the planting and replacement standards of EC 6.320. 2. For areas included on the city's acknowledged Goal 5 inventory, any loss of natural features shall be consistent with the acknowledged level of protection provided for the resource. Response: No areas of the site are included in the city's Goal 5 inventory. The PUD approval and subsequent modifications established the conservation areas shown on the preliminary plans in Exhibit A. The modification increases the total conservation area proposed on site from ±20,290 square feet to ±23,319 square feet. The planned configuration substantially conforms with these previous approvals and is, therefore, consistent with the planned level of protection provided for the features present on-site. This criterion is met. (d) Street Trees. If the proposal includes removal of any street tree(s), removal of those street tree(s) has been approved, or approved with conditions according to the process at EC 6.305 of this code. Response: This tentative subdivision application does not involve removing any street trees. The subject property is vacant. This criterion does not apply. (8) On R-1 zoned property, if the subdivision results in a lot greater than 13,500 square feet in size based on EC 9.2761(5)(b), the application shall indicate the location of lot lines and other details of layout that show future division of the lot may be made without violating the requirements of this land use code and without interfering with the orderly extension of adjacent streets, bicycle paths, and accessways. If the planning director deems it necessary for the purpose of future land division, any restriction of buildings within future street, bicycle path, and accessway locations shall be made a matter of record in the tentative plan approval. ,~/►L7 East Highlands Lot 46 - City of Eugene November 2021 PUD Modification, Cluster Subdivision, Property Line Adjustment and Page 38 Slope Easement Vacation Response: Conservation area Lot C is greater than 13,500 SF in size based on Section 9.2761(5)(b). However, this lot corresponds to the conservation area approved at this location under the PDF 02-2, as modified under this application. Therefore, the project will result in a fully developed property consistent with the approved PUD. This criterion does not apply. (9) As far as is practicable, lot side lines shall run at right angles to the street upon which the lots face, except that on curved streets they shall be radial to the curve. Response: As shown on the Preliminary Plans in Exhibit A, the side lot lines created by the edge of the proposed private street lot are curved to meet the curve of the adjacent Deerfern Road public right-of-way. Nevertheless, the side lot lines for the rowhouse lots are planned to run at right angles to the streets upon which they face, to the maximum extent practical. This criterion is met. (10) The proposed subdivision complies with all of the following: (a) EC 9.6706 Development in Flood Plains through EC 9.6709 Special Flood Hazard Areas - Standards. Response: The project site is not within a FEMA-mapped flood plain or a special flood hazard area. This criterion does not apply. (b) EC 9.6710 Geological and Geotechnical Analysis. Response: A Geotechnical Engineering Report is included in Exhibit E. The Applicant intends to adhere to the recommendations in the report. This criterion is met. (c) EC 9.6730 Pedestrian Circulation On-Site. Response: Pedestrian circulation will be provided consistent with a sidewalk along the planned private street as shown in the Preliminary Plans in Exhibit A. This criterion is met. (d) EC 9.6735 Public Access Required. Response: Public streets and common areas, shown on the Preliminary Dimensioned Subdivision Plans in Exhibit A, provide the required access. This criterion is met. (e) EC 9.6750 Special Setback Standards. Response: Brackenfern Road is constructed to City standards. Deerfern Road is planned to be constructed to City standards. Therefore, special setbacks are not anticipated to be necessary. This criterion does not apply. (f) EC 9.6775 Underground Utilities. Response: Utilities will be placed underground, as shown on the Preliminary Composite Utility Plan in Exhibit A. This criterion is met. (g) EC 9.6780 Vision Clearance Area. Response: Responses to the applicable vision clearance area standards are provided previously in Section 9.6780 of this narrative. A planned vision clearance area detail is provided on Sheet P11 in Exhibit A. This criterion is met. (h) EC 9.6791 through 9.6797 regarding stormwater flood control, quality, flow control for headwaters area, oil control, source control, easements, and operation and maintenance. East Highlands Lot 46 - City of Eugene November 2021 PUD Modification, Cluster Subdivision, Property Line Adjustment and Page 39 Slope Easement Vacation Response: Responses to the applicable standards are provided previously in Sections 9.6791 through 9.6797 of this narrative. As discussed previously, the flow control standards for headwaters do not apply because the application does not involve stormwater conveyance into a waterway from above 500 feet in elevation. Planned stormwater management facilities are shown on the Preliminary Composite Utility Plan in Exhibit A. This criterion is met. (i) The proposed subdivision complies with other applicable development standards for features explicitly included in the application. An approved adjustment to a standard pursuant to the provisions beginning at EC 9.8015 of this land use code constitutes compliance with the standard. Response: Adjustments to the applicable standards are not needed or included in this application. The project feature that diverges from the objective standards in the code were reviewed under and approved using the flexibility of the PUD approval process. This criterion is met. (11) The proposal complies with the Traffic Impact Analysis Review provisions of EC 9.8650 through 9.8680 where applicable. Response: The potential traffic impacts of this project were reviewed and approved under the original East Ridge Village PUD approval (PDF 02-2) and addressed with the conditions of approval that were satisfied under previous phases. The project reduces the density that was previously evaluated. Therefore, further traffic analysis is not warranted. (12) For applications intended to implement an approved tentative or final planned unit development for the site: (a) The proposed subdivision is consistent with the approved planned unit development plan; (b) If full compliance with a tentative subdivision criterion in this section would cause an inconsistency between the tentative subdivision plan and an approved tentative or final planned unit development for the site, the city shall require compliance with that subdivision criterion only to the extent that it can do so without creating the inconsistency. Response: This application includes a modification to PDF 02-2. With the included modification, compliance with the subdivision criteria will not create any inconsistency between the subdivision plan and the approved PUD. This criterion is satisfied. 9.9590 Laurel Hill Plan Policies. (1) Laurel Hill Valley Neighborhood Land Use and Future Urban Design (Section 1, Subsection C). (a) Approval of Valley Development will take into consideration: 1. Densitv. The appropriate density for residential development shall be determined based on 1) the provision of the Metropolitan Area General Plan calling for an overall density range of one to ten units per acre; and 2) provisions of the South Hills Study, including those limiting density to five units per acre for sites above 500 feet in elevation. 2. Size. Large apartment complexes (over thirty-two units) are objectionable because their dominance would alter entirely ,~/►L7 East Highlands Lot 46 - City of Eugene November 2021 PUD Modification, Cluster Subdivision, Property Line Adjustment and Page 40 Slope Easement Vacation the character of the Valley. Approval of apartment complexes larger than 32 units will depend upon the feasibility of providing adequate urban services, streets, schools, and transportation. 3. Dispersal. Planned Unit Developments composed primarily of multiple dwelling units shall be separated and dispersed and not abutting. (Policy 1) Response: As stated throughout this narrative, this tentative cluster subdivision is consistent with the approved PUD (PDF 02-2) with the modification included in this application. The density policies of the South Hills Study were reviewed under the original PUD approval process. This project does not involve apartment complexes or multiple dwelling units. This policy is satisfied. (b) New land divisions shall be planned to respect the existing topography and ensure solar potential to the extent possible. Developer shall be encouraged to investigate techniques other than grid-type division of land when planning for development. (Policy 5) Response: As stated throughout this narrative, the tentative cluster subdivision is substantially similar to the condominium units approved under PDF 02-2. The configuration shown in the Preliminary Plans is Exhibit A was found to be consistent with this policy as part to the East Ridge Village PUD approval process. This tentative cluster subdivision substantially conforms to the approved configuration and ensures solar potential to the maximum extent possible. This policy is satisfied. (c) The Laurel Hill Plan supports the South Hills Study standards. In general, alteration of land contours shall be minimized to retain views of natural features and retain as much of the forested atmosphere as possible. Aside from purely aesthetic considerations, these hillsides demand care in development because the topsoil is thin and the water runoff is rapid. Proposed developments shall respect the above considerations. The Valley hillside policy applies to all land with an average slope, from toe to crest, of 15 percent or greater. (A 15-percent slope is one in which the land rises 15 feet per 100 horizontal feet.) 1. If, in the opinion of the responsible City official, an adverse conservation or geological condition exists upon a parcel of land proposed for a subdivision, or before any major hillside clearing, excavation, filling or construction is contemplated, the requirements of the Uniform Building Code, Chapter 70, Excavation and Grading, and those sections of the code relative to foundation design may be invoked. 2. Considerable latitude shall be allowed the developer in the shaping, depth, and required street frontages of lots where it is necessary to preserve the terrain. (Policy 6) Response: As stated throughout this narrative, the tentative cluster subdivision is substantially similar to the condominium homes approved under PDF 02-2. The configuration shown in Exhibit A was found to be consistent with this policy as part to the East Ridge Village PUD approval process. This tentative cluster subdivision modifies the approved PUD layout that reduces the grading required and, therefore, conforms to the land contours to a greater extent than the condominium layout. This policy is satisfied. ,~/►L7 East Highlands Lot 46 - City of Eugene November 2021 PUD Modification, Cluster Subdivision, Property Line Adjustment and Page 41 Slope Easement Vacation (2) Laurel Hill Valley Neighborhood, Land Use and Future Urban Design (Section II, Subsection C). (a) No arterial or limited access road will be allowed within the boundaries of the Valley which would connect the Glenwood interchange on Interstate 5 to 30th Avenue or Spring Boulevard (see goal #1). (Policy 1) (b) No arterial or limited access road will be allowed within the Valley except as necessary to serve Valley residents, as it would physically divide and thus destroy the neighborhood. (Policy 2) Response: The project does not a new public street. This policy is not applicable. (3) East Laurel Hill Area, Land Use and Future Urban Design. The Glenwood collector shall be designed to avoid breaking up large and existing properties, improve the intersection alignment of the Laurel Hill-Glenwood overpass, and maintain safe sight distance. It shall serve as the primary access to future residential development south of the floating node, but terminate and diffuse into other roads serving the area. No connection to 30th Avenue shall be made. (Section II Policy) Response: This project does not involve changes to the Glenwood collector-now called Brackenfern Road. This tentative cluster subdivision application is consistent with this policy. Vacations 9.8705 Applicability of Vacation Procedures. (1) The vacation process applies to recorded undeveloped subdivision and partition plats and to public ways and public easements under the jurisdiction of the city. Response: This application includes a request to vacate the easement in Slope Easement Document No. 2007-067300-Exhibits A-9 and B-9 included in Exhibit H, which covers a portion of the Brackenfern Road frontage. This easement was granted for the purpose of constructing Brackenfern Road as part of the East Ridge Village - PUD 15Y Addition. The vacation process under this section applies. (2) The city's vacation process does not apply to lands over which Lane County or the state have jurisdiction such as unannexed plats or public ways within the Urban Growth Boundary, or county roads and state highways within the corporate limits of the city where jurisdiction has not been transferred to the city. Response: The slope easements are not within lands such as county roads, state highways, or other lands over which Lane County or the State have jurisdiction. This standard is met. (3) Vacation of public ways and public easements may be applied for by private citizens, public agencies, or the city council in accordance with EC 9.7000 through 9.7835 Application Procedures. Response: This Vacation of Improved Easement (VEI) application is being submitted by Eastridge Home Development, LLC. (a limited liability company), the owner of the property, in accordance with the applicable City of Eugene application procedures. This standard is met. 9.8710 Vacations, Application Requirements. ,~/►L7 East Highlands Lot 46 - City of Eugene November 2021 PUD Modification, Cluster Subdivision, Property Line Adjustment and Page 42 Slope Easement Vacation (1) Vacation of unimproved public easements shall be considered in accordance with the Type I Application Procedures contained in EC 9.7000 through 9.7835 and the approval criteria contained in EC 9.8715. In the case of public utility easements, statements of concurrence with the vacation from affected utility providers must be submitted with the application. Response: This application does not involve a vacation of an unimproved public easement. This requirement does not apply. (2) Vacation of improved public easements, unimproved public right-of-way, and vacation and rededication of unimproved public rights-of-way, except improved public easements and public right-of-way located within undeveloped subdivision or partition plats, shall be considered in accordance with the Type II Application Procedures contained in EC 9.7000 through 9.7835 and the approval criteria contained in EC 9.8720. In the case of public utility easements, letters of concurrence to the vacation from affected utility providers must be submitted with the application. Response: This VEI application is being considered in accordance with the Type II Application Procedures in EC 9.7000 through 9.7835. This standard is met. (3) Vacation of any public way acquired with public funds, vacation of improved public right-of-way, and vacation of undeveloped subdivision and partition plats, or parts thereof, including public right-of-way and improved public easements located therein, shall be considered and decided upon by the city council in accordance with the procedures contained in EC 9.7445 through 9.7455 and the approval criteria contained in EC 9.8725. Response: This VEI application does not involve any public way acquired with public funds and does not require a decision by the City Council. This standard does not apply. (4) All applications shall be accompanied by the application fee established by the city manager pursuant to Chapter 2 of this code, and an additional amount sufficient to pay the expenses related to publication of the vacation notice. Response: The applicable fees have been submitted with this application. This standard is met. (5) In addition to payment of the application and publication fees referenced in subsection (4) above, a vacation of improved or unimproved public right-of- way, any public way acquired with public funds, or any undeveloped subdivision or partition plat, or portions thereof, shall require the payment by the applicant of a deposit equal to the assessment of special benefit that results from the vacation and disposition of property to the benefitted property owners. (a) The assessed value of special benefit and the amount of money to be deposited shall be determined by the city manager. The assessed value of special benefit shall include: 1. The value of the real property; and 2. The costs incurred by the city in the construction of public improvements. (b) Notice of the proposed assessment for benefits shall be given by mail to the owners of the property to be assessed no less than 20 days prior to the public hearing of the vacation application before the city council, or in the case of Type II applications, 10 days prior to the issuance of the Planning Director's decision. The notice shall contain a statement of the names, addresses, and the amount of the proposed assessment of each landowner's special benefit by the ,~/►L7 East Highlands Lot 46 - City of Eugene November 2021 PUD Modification, Cluster Subdivision, Property Line Adjustment and Page 43 Slope Easement Vacation vacation. Where a public hearing is required, the notice shall also include the hour, date, and place of the public hearing at which the city council will hear objections to the vacation or assessment. (c) At least 5 working days prior to the public hearing, or in the case of a Type II application, 5 working days prior to the decision, the land owner shall deposit with the city the sum of money called for by this subsection (5). (d) If the vacation application is approved, the deposit shall be retained by the city. If the vacation application is denied, the deposit shall be returned to the land owner. Response: This VEI application does not involve an improved or unimproved public right-of-way. The property subject to the easement will remain under the ownership of the Applicant. Therefore, an assessment of special benefit is not required. This VEI is being considered under a Type II procedure. The applicable Type II notice requirements are acknowledged. The applicable standards of this section have been or can be met. (6) For vacations of improved or unimproved right-of-way, the application must include the required consent from surrounding property owners as set forth in ORS 271.080(2). Response: This vacation application does not involve an improved or unimproved public right-of- way. Therefore, consent of the surrounding property owners as set forth in Oregon Revised Statute (ORS) 271.080(2) is not required. This section does not apply. (7) For vacations of unimproved public easements and improved public easements, the application must include the signatures of all property owners and owners of property adjacent to the easement being vacated. Response: The Applicant owns property containing the easement being vacated. The owner has signed the application as shown in Exhibit B and consents to the requested vacation. This requirement is met. 9.8720 Approval Criteria for Vacation of Improved Easements, Unimproved Public Right-of- Way, and Vacation and Rededication of Unimproved Public Right-of-Way. The planning director shall approve, approve with conditions, or deny the vacation application. The application shall be approved if the vacation is found to be consistent with the all of the following criteria: (1) The subject area is not presently or in the future needed for public services, facilities, or utilities, and the vacation does not prevent the extension of, or the retention of public services, facilities, or utilities; or if needed, the applicant shall provide for the replacement and abandonment of any existing public services, facilities, or utilities in the subject area. Response: As described in Document No. 2007-067300, the easement was created for excavation and/or placement of fill material necessary to construct slopes for the construction of public streets (see Exhibit H). The easement being vacated was created to facilitate the construction of Brackenfern Road and Deerfern Road stub. These streets have been constructed; therefore, the easements are no longer needed for these public facilities (streets). Geotechnical reports are included in Exhibit E that reviewed the geotechnical stability of these grades and conclude that a future home foundation can be placed in the easement area without negatively impacting the structural integrity of the existing public roadway and infrastructure. This criterion is met. ,~/►L7 East Highlands Lot 46 - City of Eugene November 2021 PUD Modification, Cluster Subdivision, Property Line Adjustment and Page 44 Slope Easement Vacation (2) Such public services, facilities, or utilities can be extended in an orderly and efficient manner in an alternate location. Response: The public facilities served by the easement (Brackenfern Road and Deerfern Road stub) have been constructed. Therefore, the slope easements are no longer needed to extend these facilities. This criterion is met. (3) The vacation does not impede the future best use of the remainder of the property under the same ownership or any adjoining land; or adversely affect the development of the remainder land, or any adjoining land, or access thereto; and the vacation does not conflict with provisions of this land use code including the street connectivity standards and block lengths. Response: The vacation is necessary to allow the properties to be developed as planned for in the East Ridge Village PUD/East Highlands Subdivision. Therefore, the vacation will not impede the future best use of the remainder of the property. This criterion is met. (4) Payment of the special benefit assessment(s) resulting from the vacation of unimproved right-of-way required by EC 9.8710(5)(a), have been made to the city. Response: The application does not involve a request to vacate an unimproved right-of-way. This criterion does not apply. EAST RIDGE VILLAGE FINAL PUD SURVIVING CONDITIONS OF APPROVAL Condition 3: All recommendations identified in the Geotechnical Engineering Study dated May 1999 must be adhered to unless alternative recommendations to address specific situations, and which address only technical requirements, are approved by the City Engineer. The decision on use of on-site excavated materials as fill as proposed in the application is a technical determination, which will be made by the City Engineer at the time of, or immediately prior to, street construction after the material is tested by the City Engineer. The applicant must retain the services of a qualified geotechnical consultant and have a licensed geotechnical engineer on-site to make recommendations related to excavation, slopes, compaction, or for other related construction techniques, as need by the City Engineer during all Phases of construction of public improvements and utilities located within the right-of-way and public easements. The City retains the final authority for direction of construction activities and final acceptance of public improvements in accordance with the APWA Standard Specifications. Response: Before starting street construction, the excavated materials from the site will be tested and approved by the City Engineer before being used as fill within public rights-of way or public easements. During all phases of public construction, a qualified licensed Geotechnical Engineer will be retained to make recommendations regarding excavation, slopes, compaction, and other related construction techniques, in conformance with this condition. This condition has been and will continue to be satisfied. ,~/►L7 East Highlands Lot 46 - City of Eugene November 2021 PUD Modification, Cluster Subdivision, Property Line Adjustment and Page 45 Slope Easement Vacation Condition 4: The applicant shall retain a Geotechnical Engineering firm on site for construction observation of stripping, grading, compaction, foundation, road and utility line excavation, and other soils related portions of any improvements or development within the PUD. The Geotechnical Engineer shall be retained to provide technical, expert recommendations and ensure adherence to construction practices that will not create stability problems in the future. Individual building lots shall require specific recommendations from the engineering firm regarding the stability of native, cut and fill slopes, and their potential influence on structures and foundations. Response: Condition 5: The services of a Geotechnical Engineering firm will be utilized on-site for construction observation of stripping, grading, compaction, foundation, road and utility line excavation, and other soils-related portions of any improvements or development within the PUD. The Geotechnical Engineer will provide technical recommendations to ensure adherence to construction practices that will not create stability problems in the future. The Geotechnical Engineering firm will supply specific recommendations for individual building lots regarding the stability of cut and fill slopes and their potential influence on structures and foundations. This condition has been and will continue to be satisfied. At the time of review of public improvement construction plans by the City Engineer, the geotechnical consultant must submit design recommendation to address impacts of upslope stormwater runoff on all roadbeds. All design recommendations shall be reviewed and approved by the City Engineer. Response: Condition 6: The public improvements include public water and storm improvements in a public easement over the private street. These improvements will be reviewed under the future PEPI permit. Prior to completion of the final subdivision plat for Phases 1, 2, 3 and 8, all of the following off-site public improvements must be completed: Laurel Hill Drive shall be improved to city street standards as a low-volume residential street. a. The intersection of Laurel Hill Drive and Moon Mountain Drive shall be improved, as proposed by applicant and depicted on CIV-11. b. Moon Mountain Drive must be realigned and improved to Glenwood Boulevard as proposed by applicant and depicted on CIV-11. C. The Glenwood Boulevard and Moon Mountain Drive intersection must be upgraded as proposed by applicant and depicted on CIV-11. Response: Condition 7: These improvements were completed during the construction of Phase 1 of the East Ridge Village PUD subdivision. This condition is satisfied. Prior to completion of the final subdivision plats for Phases 4, 5, 6, and 7, all improvements authorized under the previously granted Road Approach permit, connecting Glenwood Boulevard to the northern boundary of the PUD, must be completed, and Brackenfern Rd. must be extended to the northern edge of the Son Blaze Village PUD thus ensuring the collector is constructed to serve the East Laurel Hill Area. ,~/►L7 East Highlands Lot 46 - City of Eugene November 2021 PUD Modification, Cluster Subdivision, Property Line Adjustment and Page 46 Slope Easement Vacation Response: These improvements were completed during the construction of Phase 5 of the East Ridge Village PUD subdivision. Aerial imagery from 2019 shows that improvements to the Glenwood Interchange have been completed in a manner that substantially conforms to the conceptual drawings included in the Cooperative Improvement Agreement between ODOT, the City of Eugene, and the City of Springfield (Agreement No. 19131). During the approval of the East Highlands Final Plat, the City agreed that relevant portions of this agreement were met. Per above, the application reduces trip impacts below the prior approval and therefore remains in compliance with this agreement. This condition is satisfied. Condition 9: Prior to tentative subdivision approval for each Phase, the applicant shall submit for review and approval by the City Engineer, a revised stormwater drainage plan that clearly delineates between public and private facilities. All drainage facilities or streams that carry stormwater runoff, public lands, and rights-of-way must be public facilities within public easements. Response: The Preliminary Composite Utility Plan in Exhibit A shows the planned stormwater facilities. The anticipated public easements needed for the planned facilities are indicated on the Preliminary Composite Utility Plan in Exhibit A. Pease refer to the Preliminary Stormwater Report in Exhibit F for more information. This condition is satisfied. Condition 10: Prior to tentative subdivision approval for each Phase, the applicant shall submit a drainage maintenance agreement with City of Eugene Public Works Maintenance, as part of a privately engineered public improvement process. The agreement must separately identify private and City stormwater conveyance responsibilities. Response: A drainage maintenance agreement with City of Eugene Public Works Maintenance will be submitted as part of the PEPI process and will separately identify private and City stormwater conveyance responsibilities, as required by this condition. This condition has been and will continue to be satisfied. Condition 13: Prior to tentative subdivision approval for each Phase, the applicant shall verify that public drainage easements are provided from the top of the bank to top of the bank along open drainage channels and swales. Response: The subject phases of the project do not involve open drainage swales or channels. This condition does not apply. Condition 14: Covenants, Conditions and Restrictions (CC&R's) and the Disclosure Statement, in substantial conformance with those submitted with and proposed through the PUD applications, shall be recorded with the subdivision plats for each development Phase. The CC&R's shall ensure the city retains enforcement authority to ensure compliance with all maintenance and preservation requirements for privately-owned conservation easement areas. The Planning Director shall approve those portions of the CC&R's protecting conservation areas. ,~/►L' East Highlands Lot 46 - City of Eugene November 2021 PUD Modification, Cluster Subdivision, Property Line Adjustment and Page 47 Slope Easement Vacation Response: The Covenants, Conditions, and Restrictions (CC&Rs) and the Disclosure Statement have been recorded. An amendment can be recorded with the subdivision plat for this phase if necessary. This condition can be met. Condition 15: The private conservation easements depicted on the site plan shall be clearly delineated on and recorded with the final subdivision plats for each lot on which they are located. The conservation easements shall run in favor of the PUD homeowners association, and shall be subject to enforcement by the city through the city enforcement procedures. The conservation areas depicted on the plans and described in the application to have the fee title vested in individual lot owners will instead be vested in a homeowners association (or "sub association") to be established by the developer of those lots for which the association is established. Except for the vesting of title, the plans and application regarding those conservation areas, including, but not limited to, the landscape design standards, the rights and obligation of the respective lot owners to landscape, enhance, maintain, replace vegetation, and exclude members of the public and other owners within the development are not intended to be modified. This condition applies to all linear conservation areas connected to more than one parcel, not to isolated conservation areas, as shown on map approved by the commission. Response: The conservation areas and common areas shown on the Preliminary Dimensioned Subdivision Plans in Exhibit A are intended to comply with the applicable conditions of the East Ridge Village PUD. The conservation areas and commonly owned areas are planned to be recorded as lots to be owned and maintained by the East Highlands HOA for the benefit of the residents. This condition can be satisfied. Condition 16: All commonly owned conservation areas shall be clearly depicted on the final subdivision plat for each Phase, shall be held in ownership by the PUD homeowners association, and maintained in accordance with the adopted CC&R's. Response: All of the commonly owned conservation areas will be clearly depicted as easements to be dedicated or lots to be deeded to the homeowners' association on the final subdivision plat for each phase. The easements and lots will be for the benefit of the residents, and will be owned and maintained by East Highlands HOA in accordance with the adopted CC&Rs. This condition can be satisfied. Condition 17: In order to protect the conservation areas during construction and development, fencing shall be required around all conservation areas, with verification of the fencing prior to signing of the final subdivision plat. The location of the fencing shall be subject to verification during an on-site review by City Land Use Management staff. The on-site verification must be requested and performed prior to commencing any job site activities including tree removal, grading or excavation work. On each lot, the conservation area fencing shall be maintained on each lot until a certificate of temporary occupancy has been issued. Response: To protect the conservation areas, fencing will be installed around the conservation areas and verified prior to construction. The installed fencing will be reviewed on-site, and the verification will be performed before any jobsite activities start, including tree removal, grading, or excavation work. The conservation area fencing will be maintained on each w~/►~ East Highlands Lot 46 - City of Eugene November 2021 PUD Modification, Cluster Subdivision, Property Line Adjustment and Page 48 Slope Easement Vacation lot until a certificate of temporary occupancy has been issued, in conformance with this condition. This condition can be satisfied. Condition 18: The applicant shall dedicate to the city 2.97 acres, as depicted on the site plan, for establishment of a nature trail through the PUD property to Moon Mountain Park. The applicant shall be responsible for all improvements necessary for construction of the proposed nature trail. The dedication and all nature trail construction activities shall be completed prior to final subdivision plat approval for the first proposed development Phase. Response: Phase 1 of the East Ridge Village PUD, dedicated Tract A (18030333/03400), a 5.28-ac tract, which is now held by the City of Eugene. Said Tract includes the ±2.97-acre area referred to in Condition 18, above. As-built plans for the East Ridge Village PUD indicate that the nature trail has been constructed. This condition has been satisfied. Condition 19: Prior to final plat approval for each subdivision, the application shall provide verification of water service availability. Response: A verification of water service availability will be provided prior to a final plat approval. This condition can be met. Condition 21: The City shall purchase and the applicant shall sell Lot 104 at the time the sale can legally be closed (following the final plat of the subdivision creating the lot). (On November 15, 1999, the Planning Commission added this condition and referenced "Lot 107" as shown in the tentative PUD. This lot is immediately to the north of the land being dedicated for public park along Rockcress Lane. Due to the re-numbering of lots, the Final PUD refers to this lot as "Lot 104".) Response: The tax records for Tax Lot 3400 (Lane County Assessor's Map 18030333) indicate that it is owned by the City. This 5.28-acre parcel (referred to as Tract "A" on the Assessor's Map) includes Lot 104. This condition of approval has been completed. Condition 22: A separate variance application will be required as part of the subdivision application for the Woodfern Lane area if a cul-de-sac length of greater than 400 feet is proposed. Response: The Phase 7 PUD was modified (MDA 06-7) to accommodate the EWEB reservoir. The modification reduced the length of Woodfern Lane (±300 foot) and added Woodfern Terrace 350 feet). The cul-de-sacs/dead-end streets in this area are less than 400 feet; therefore, this condition no longer applies. At the time of tentative subdivision approval for Phase 7, the City will verify conformance with the approval condition. The following are new conditions of Final PUD approval (see Exhibit D): Based on the information depicted on sheet No. A2-3, the applicant shall revise Sheet No. A2-3.1 titled, "Statement of Design Intent," to include a description of the maximum allowed lot coverages for the "alternative" housing types. ,~/►L7 East Highlands Lot 46 - City of Eugene November 2021 PUD Modification, Cluster Subdivision, Property Line Adjustment and Page 49 Slope Easement Vacation Response: The Performance Agreement, East Ridge Village PUD (PDF 02-2), signed between September 16, 2002, and September 19, 2002, states that this condition was met prior to this submittal. The applicant shall submit 5 complete copies of revised Final PUD plans and 2 extra copies of the site plan, Sheet No. LA-1. (1 copy of LA-1 shall be on 11x 17 paper.) Response: The Performance Agreement, East Ridge Village PUD (PDF 02-2), signed between September 16, 2002, and September 19, 2002, states that this condition was met prior to this submittal. During review of each subdivision, the applicant shall conduct the following additional tree preservation measures: Prior to tentative subdivision approval, in a manner acceptable to the City, the applicant shall sufficiently remove underbrush (particularly non-native and noxious vegetation, such as blackberries and poison oak) to allow reasonable access for performing further survey work. As part of the typical tentative subdivision monumentation process, the applicant's surveyor shall survey the Conservation Areas/Common Easement Areas and make such minor adjustments as are practical to include trees identified for preservation in the Final PUD. The surveyor shall, as visibly and permanently as practicable, cause each tree that was identified to be preserved to be marked/numbered. In addition, the surveyor shall locate any additional trees over 8" DBH located within the boundaries of a Conservation Area/Common Easement Area. Response: The trees planned for removal are shown on the Tree Preservation and Removal Plan in the Preliminary Plans in Exhibit A. The information shown on the plans is the result of this work conducted while preparing these plans. Trees greater than or equal to 8 inches in diameter at breast height (DBH) have been identified on the plans. This condition is satisfied. Prior to tentative subdivision approval, the project arborist shall review the findings of the surveyor and make any recommendations to the boundaries of the Conservation Areas/Common Easement Areas to effectuate the intent of the approved Final PUD tree preservation and tree planting plans, considering the health of existing trees (with recommendations regarding needed tree maintenance or possible removal of a tree for safety reasons). The surveyor shall physically survey each tree to be preserved and, in consultation with the project arborist, submit to the City tree preservation plans for any plot plan (lot) containing trees to be preserved. Response: The project arborist has reviewed the tree information obtained during the topographic survey. The tree survey is shown on the Tree Preservation and Removal Plan in the Preliminary Plans in Exhibit A. The trees have been noted on the plans to be either preserved or removed. This condition is satisfied. Following City approval of the final subdivision plat, the applicant shall cause the approved tree inventory tables to become a part of the inventory of the trees of the Master Homeowners Association. Response: After the City approval of the final subdivision plat, the approved tree inventory tables will become a part of the inventory of the trees of the Master Homeowners' Association. This condition can be met. East Highlands Lot 46 - City of Eugene November 2021 PUD Modification, Cluster Subdivision, Property Line Adjustment and Page 50 Slope Easement Vacation The Planning Director shall review and approve in writing any proposed changes to the Covenants, Conditions and Restrictions (CC & R's) and the Disclosure Statement regarding those portions of the CC & R's protecting conservation areas and the City's authority to enforce. (Refer also to Tentative PUD Condition #14.) Response: The Performance Agreement, East Ridge Village PUD (PDF 02-2), signed between September 16, 2002, and September 19, 2002, is included in Exhibit G. The Performance Agreement has this condition crossed out, and a handwritten note states: "Master C, C & R's recorded 2003 with Phase 1." The Planned Unit Development Performance Agreement shall include: 1. Exhibit A. East Ridge Village Final PUD-. Tentative PUD. Conditions Still in Effect and New Final PUD Conditions of Approval 2. Exhibit B. East Ridge Village Final PUD, Approved Exceptions and Modifications to the Eugene Land Use Code 3. Exhibit C. East Ridge Village Final PUD. Phasing Plan 4. Exhibit D. East Ridge Village Final PUD. Master CC & R's. (Including reference to provisions related to the preservation of Conservation Areas and City Enforcement.) Response: The Performance Agreement, East Ridge Village PUD (PDF 02-2), signed between September 16, 2002, and September 19, 2002, states that this condition was met prior to this submittal. IV. Conclusion The required findings have been made, and this written narrative and accompanying documentation demonstrate that the application is consistent with the applicable provisions of the Eugene Land Use Code and the surviving conditions of approval for the East Ridge Village PUD (PDF 02-2), as modified. The evidence in the record is substantial, and the Planning Director can rely on the information in the narrative, plans, and supporting exhibits to approve the application. ,~/►L7 East Highlands Lot 46 - City of Eugene November 2021 PUD Modification, Cluster Subdivision, Property Line Adjustment and Page 51 Slope Easement Vacation A t~ a' a Exhibit A: Preliminary Plans EAST HIGHLANDS -LOT 46 PUD MODIFICATION, CLUSTER SUBDIVISION, PROPERTY LINE ADJUSTMENT, AND SLOPE EASEMENT VACATION PLANS A PORTION OF TAX LOT 3100 ASSESSOR'S MAP 18-03-03-33 EUGENE, OREGON VRANI I T IVIAF' NTS LEGEND E DECIDUOUS TREE ASTING 0 PROPOSED STORM DRAIN CLEAN OUT FASTING PROPOKQ CONIFEROUS TREE •"F STORM DRAIN CATCH BASIN STORM GRAIN AREA GRAIN ❑ ❑ ■ ■ FIRE HYDRANT A STORM DRAIN MANHOLE ® Ci WATER BILOWOFF P GAS METER 0 i WATER METER ❑ GAS VALVE Ka WATER VALVE GUY WIRE ANCHOR DOUBLE CHECK VALVE ® a UTILITY POLE "r + AIR RELEASE VALVE POWER VAULT CI SANITARY SEWER CLEAN OU T o POWER JUNCTION BOX © Q SANITARY SEWER MANHOLE 0 • POWER PEDESTAL ■ SIGN - T COMMUNICATIONS VAULT T STREET LIGHT r. i COMMUNICATIONS JUNCTION BOX , MAILBOX ML t',IBI COMMUNICATIONS RISER _ ■ RIGHT-OF-WAY UNE - BOUNDARY LINE PROPERTY LINE CENTERUNE - - - - - - DITCH - - - > CURB - EDGE OF PAVEMENT EASEMENT FENCE UNE GRAVEL EDGE POWER LINE - - - OVERHEAD WIRE - - - ❑ ~ ww COMMUNICATIONS LINE - - - FIBER OPTIC LINE - - - GAS LINE - - -c u -pas- - STORM DRAIN LINE - - - -m so SANITARY SEWER LINE - - w« WATER LINE SHEETINDEX POO COVER SHEET WITH VICINITY AND SITE MAPS P01 AERIAL PHOTOGRAPH PLAN P02 EXISTING CONDITIONS PLAN P03 EXISTING CONDITIONS PLAN P04 EXISTING STORM AND SANITARY STRUCTURE TABLES P05 PRELIMINARY PROPERTY LINE ADJUSTMENT PLAN P06 PRELIMINARY DIMENSIONED SUBDIVISION PLAN P07 PRELIMINARY GRADING AND DEMOLITION PLAN P08 PRELIMINARY TREE PRESERVATION AND REMOVAL PLAN P09 PRELIMINARY TREE TABLE AND NOTES P10 PRELIMINARY COMPOSITE UTILITY PLAN P11 PRELIMINARY PLAN & PROFILE ALLEY ,I I t IVIAF 1"=100' APPLICANT EASTRIDGE HOME DEVELOPMENT, LLC 1300 ESTHER STREET VANCOUVER, WA 98660 LANDSCAPE ARCHITECT/ CIVIL ENGINEER/ LAND SURVEYOR/ LAND USE PLANNER/ ARBORIST AKS ENGINEERING & FORESTRY, LLC CONTACT: ZACH PELZ, AICP 3700 RIVER ROAD N, SUITE 1 KEIZER, OR 97303 PHONE: 503-400-6028 FAX: 503-400-7722 PUBLIC IMPROVEMENTS SHALL BE CONSTRUCTED AS A PRIVATELY ENGINEERED PUBLIC IMPROVEMENT GEOTECHNICAL ENGINEER GEOPACIFIC ENGINEERING, INC. CONTACT: BEN COOK 14835 SW 72ND AVENUE PORTLAND, OR 97224 PHONE: 503-598-8445 FAX: 503-941-9281 VERTICAL DATUM: VERTICAL DATUM: ELEVATIONS ARE BASED ON CITY OF EUGENE BENCHMARK NO. 'SE1000', A 3" BRASS CAP IN THE TOP OF CURB LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF RIVERVIEW STREET AND FLORAL HILL DRIVE. ELEVATION = 512.41 (NAVD 88). CITY OF EUGENE PUBLIC WORKS DEPARTMENT 1820 ROOSEVELT BOULEVARD EUGENE, OR 97402 PHONE: 541-682-4800 POWER EUGENE WATER AND ELECTRIC BOARD 500 EAST 4TH AVENUE EUGENE, OR 97440 PHONE: 541-648-2411 TFI GDWIKIG k,CIV IUR Lulvn 112 EAST 10TH AVENUE EUGENE, OR 97401 PHONE: 541-484-7796 WATER EUGENE WATER AND ELECTRIC BOARD 500 EAST 4TH AVENUE EUGENE, OR 97440 PHONE: 541-341-1845 CABLE COMCAST 150 NW LEWISBURG AVENUE CORVALLIS, OR 97330 PHONE: 541-431-3605 CITY OF EUGENE PLANNING DIVISION 99 WEST 10TH AVENUE EUGENE, OR 97401 PHONE: 541-682-5481 GAS NW NATURAL 1970 14TH AVENUE EUGENE, OR 97322 PHONE: 541-342-3661 GAS WILLIAMS NORTHWEST PIPELINE 89861 GAME FARM ROAD EUGENE, OR 97408 PHONE: 503-342-4434 N W W ¢ U ~ ¢ H 0 O W F ¢U Q Q Fa Z w (5 Z ~ = J W w Z >N O ¢z 1 NZ Q N a z. W ¢ zw~ W N - Z W wok"'a.~ N¢ 6ns~3 W 0 N a Q W 0 z Q Z U_ Z V I- J W LU 3: Lu 2(!) 0 cn = W w NR*w 0 Q 0 U LLI -.1 Lu CEO PRoF w4wt-"' RMEM Dl-BM JI, N22 JOB NUMBER. 3881-01 DATL 11/08/2021 DESIGNED BY. 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