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Public Comment (8)
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Public Comment (8)
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Last modified
12/7/2015 4:07:00 PM
Creation date
12/4/2015 1:52:36 PM
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Template:
PDD_Planning_Development
File Type
PDT
File Year
15
File Sequence Number
1
Application Name
CHAMOTEE
Document Type
Public Comments
Document_Date
11/3/2015
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Yes
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I how to measure slope, the city is not arbitrarily applying EC 9.8325(5) or otherwise engaging <br />2 in "subjective, value-laden analyses" but merely giving effect to the language of EC <br />3 9.8325(5) that prohibits grading on "portions of the development site" that meet or exceed 20 <br />4 percent slope. That EC 9.8325(5) requires some interpretation in order to apply the 20 <br />5 percent slope standard does not necessarily mean that EC 9.8325(5) is not clear and <br />6 objective, or that it requires a subjective, value-laden analysis. See Rudell v. City of Bandon, <br />7 249 Or App 309, 319, 275 P3d 1010 (2012) (city's interpretation of a defined term in its code <br />8 is sufficiently clear and objective for purposes of ORS 197.307(6)(2009)). <br />9 West Creels also argues that if the city is going to choose an arbitrary contour interval <br />10 with which to determine slope, the city must choose a contour interval that is based on and <br />I l consistent with the city's adopted comprehensive plans. West Creek notes that the city's <br />12 adopted refinement plan for the area, the South Hills Study, includes a US Geological Service <br />13 (USGS) topographic map of the area that depicts slope using 20-foot contour intervals. <br />14 However, EC 9.8325(5) applies in all areas of the city and there is no indication that in <br />15 adopting EC 9.8325(5) the city relied on the South Hills Study or any maps contained in the <br />16 study. Merely because a USGS map is included in the South Hills Study does not mean that <br />17 the city is required to employ the contour intervals used on that map in order to determine <br />18 slope under EC 9.8325(5). <br />19 Finally, West Creek argues that because the subject property is included in the city's <br />20 Buildable Lands Inventory (BLI), the city erred in relying on 5-foot contour intervals to <br />21 determine whether EC 9.8325(5) is satisfied. We understand West Creels to argue that the <br />22 inclusion of the subject property on the BLI requires the city to measure slope in a way that <br />23 will result in more development on property that is subject to the slope limit. However, <br />24 beyond asserting that the property is included on the city's BLI, West Creek does not <br />25 otherwise explain why that fact means the city must use a different measuring method to <br />26 measure slope or that it erred in measuring slope based on 5-foot contour intervals. <br />Page 8 <br />
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