Public Comment (8) - Laserfiche WebLink

PC Decision: The PC rejects this argument and finds no error in the HO's determinatioMP-174le 20% slope criterion is consistent with the State's needed housing requirements. Even if the Applicant's understanding of the law is correct, the 20% grading limitation does not prevent development of a part of the site that could be developed under the discretionary standards of EC 9.8320. This ruling does not alter the HO's decision. 2. The HO erred in finding that 20% slope must be determined based on 5 -foot contour elevations. (a) If the 20% slope grading limitation is to be applied at all, it must be interpreted consistent with the rules in PGE, State law provides that land in the acknowledged BLI is presumed to be developable, That state law is relevant context for interpreting the 20% limitation in the current circumstance, Because this site is in the acknowledged'BLI for housing, it is presumed to be developable for housing, Measuring slope across the entire site, as done in the original application, is the correct interpretation because it allows the entire site to be developed, consistent with Its status in the BLI, PC Findings: The record shows that the subject property is included in the City's currently adopted Residential Land Study as buildable land. The HO correctly based compliance on the subject application being Needed Housing because it is in the buildable lands inventory (i.e. the Residential Lands Study). The inclusion of a steep-sloped property on the City's buildable land inventory (BLI) does not mean that the property is buildable at the same density that a comparably- sized flat/unconstrained property. In determining whether a BLI has sufficient land to satisfy a city's 20-year need for housing, density averages and estimates are used that tal<e into account the constrained nature of some land on the inventory. Maximum allowed densities will not necessarily be achieved, and are not assumed, for every acre on a city's inventory. PC Decision: The PC rejects this argument and affirms that the inclusion of a steep-sloped property on the City's BLI does not mean that the property is buildable at the same density that a comparably-sized flat/unconstrained property. Maximum allowed densities will not necessarily be achieved, and are not assumed, for every acre on a city's inventory. This ruling does not alter the HO's decision. (b) If the 20% slope grading limitation is to be applied at all, it must be interpreted consis'ten't with the rules in PGE v. Bureau of Labor and industries, 371 Or 60" , 859 P2d 1143 (1993). That means an interpretation of the 20% slope standard that is consistent with the context provided by the refinement plan, the South Hills Study (SHS), which the code implements. The SHS uses the 20% slope standard, and it . bases that standard on the USGS topo map, which is reproduced in the SHS. Measuring slopes based on the 20 foot contours of the USGS map in the SHS is both consistent in the context of the refinement plan and allows the entire proposed development. Final Order - Deerbrook PUD (PDT 12-1) December 17, 2012 Page 10 13