PDF Page 47 <br />9,886S(4 : The proposed zone change is consistent with the applicable siting <br />requirements set out for the specific zone in:* <br />* * <br />None of these siting requirements applies to the requested R-1 zone. <br />9,8865(5): In cases where the NR zone is applied based on EC 9.2510(3), the <br />property owner shall enter into a contractual arrangement with the city to <br />ensure the area is maintained as a natural resource area for a minimum of 50 <br />years. <br />This standard does not apply. <br />Transportation Planning Rule: <br />The State Transportation Planning Rule (TPR) applies to a zone change. This issue is addressed <br />at pages 7-9 of the Staff Report. The analysis is required by the TPR.if the uses allowed by the <br />zone change will have a significant effect on an existing or planned transportation facility. OAR <br />660-012-0060. <br />As noted at page 7 of the Staff Report, the Applicant submitted a study entitled: "Traffic Impact <br />and TPR Analysis Laurel Ridge PUD," by Branch Engineering. Although the Applicant did a <br />transportation study, it,asserts that this zone change is exempt from the state requirement for <br />a study, based on OAR 660-012-0060(9). The operation of subsection (9) of the TPR is explained <br />in some detail in the Benson decision. See Hearing Official Decision (Benson) Z 13-2 (May 30, <br />2013) at 15-17. Subsection (9) explains that when the proposed zone change is consistent with <br />the existing comprehensive map designation, and the city has an acknowledged Transportation <br />System Plan (TSP), and the proposed zoning is consistent with the TSP, then the rezoning is <br />considered not to have a significant effect on transportation facilities, and no study is needed. <br />The city applies this rule in this fashion, as quoted in the Benson decision, at page 16: <br />Put another way, if a subject property held its current designation in 2001, <br />TransPlan's transportation facility planning would have been based on the <br />current designation; a zone consistent with the current designation is supported <br />by, and consistent with, TransPlan's transportation facilities. <br />The Staff Report takes the position this exemption does not apply to this zone change because <br />part of the property is plan designation Parks and Open Space, However, as explained above, <br />'the existing plan designation for the entire site is Low Density Residential. Thus, this zone <br />change request gets the benefit of the exception in subsection 0060(9) of the TPR, and no <br />demonstration of compliance is needed under the Goal 12 Rule -the TPR. <br />LaureiRidge Applicant Final Argument- Page 13 <br />96 <br />Laurel Ridge Record (Z 15-5) Page 851 <br />