Irrevocable petitions enable the City to initiate a local improvement process and obligate the <br />property owners to pay their proportional share of the street construction costs in the future. <br />The City could construct the street when the majority of benefitting property owners agrees to <br />pay for the improvements. Based on the above findings and condition, the development will <br />comply with the applicable street improvement standards. <br /> <br /> Opponent Arguments <br /> <br />As discussed above, the neighbors raised numerous arguments related to the right-of-way <br />requirement <br />to in order to support the proposed PUD. It is unclear to the Hearings Official whether those <br />arguments are also directed at compliance with EC 9.6505(3 & 4). <br /> <br /> Hearings Official Conclusions <br /> <br />The Hearings Official <br />those findings by this reference. The Hearings Official also incorporates the findings above for <br />EC 9.8320(5) by this reference. <br /> <br />EC 9.6505(3) requires that any streets adjacent to the proposed development be paved by the <br />developer consistent with applicable street width standards. The evidence discussed in the <br />findings for EC 9.8320(5) demonstrates that the applicant will be able to accommodate the <br />necessary right-of-way, street width, and sidewalks if necessary along the portion of Oakleigh <br />Lane adjacent to the subject property. <br /> <br />EC 9.6505(5) Bicycle Paths and Accessways. <br /> <br />Public right-of-way dedication is being required along the north property line, overlapping an <br />existing worn path between the terminus of Oakleigh Lane and the easterly City parklands, to <br />enable a future bicycle and pedestrian access way. Refer to the previous findings and condition <br />at EC 9.8320(5), which are incorporated by reference. <br /> <br /> (c) EC 9.6706 Development in Flood Plains through EC 9.6709 Special Flood Hazard <br />Areas Standards. <br /> <br /> Staff Findings <br /> <br />The subject property is within a Special Flood Hazard Area (SFHA), per the Federal Emergency <br />ance Rate Map (FIRM) 41039C-1128-F, dated June 2, <br />1999. <br />delineates the SFHA boundaries and notes that the Base Flood Elevation (BFE) is 401.2 feet. <br /> <br /> <br /> <br />Hearings Official Decision (PDT 13-1, WG 13-1) 38 <br /> <br /> <br />