Public Comment (8) - Laserfiche WebLink

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. The applicant's alternative site plan shows lots 9, 10, 11, 26, 32, and 42 would not comply with applicable R-1 lot standards at EC 9.2760, with regard to the minimum lot size of 4,500 square feet. The applicant requests relief from the applicable minimum standards under EC 9.8325(11), for these lots because the purpose of the PUD provisions is to provide a high degree of flexibility in the design of the site, clustering, and potential environmental impacts. Applicants Testimony at 13 (Aug. 22, 2012). A modification is not a clear and objective standard; however, this is not fatal to the applicability of the modification standards to this needed housing application because in the Home Builders decision, LUBA concluded that "[t]he city may provide a needed housing applicant with a choice between meeting a clear and objective standard by complying with its terms or by obtaining a discretionary variance or adjustment to that standard without offending ORS 197.307(6)." The hearings official believes that the applicant has sufficient opportunity on site to comply in full with the dimensional standards. Here, with the alternative site plan, the applicant addressed only the purpose of the PUD provision, but not the standards in this criterion For example, the applicant did not analyze how any the lots listed above, if sized in compliance with the dimensional standards would have more than 33% of lot occupied by the areas listed in subsection EC 9.8325(7)(a)1 and 2. Because the applicant must modify the site plan to comply with EC 9.8325(5), which will require changes to the streets adjacent to the lots listed above, the hearings official cannot conclude that the lots listed above would ultimately need a modification. Because development on this site requires careful design to avoid the 20 percent or greater slopes, the applicant may need to modify fewer or none of these lots, or other lots not yet listed. As proposed, the application does not comply with this criterion. The hearings official believes the applicant can design the PUD without need to modify lot dimensions when making the changes to comply with EC 9.8325(5) (which may mean fewer lots), but without knowing those changes, the hearings official cannot determine which lots might need to be modified and whether a modification is appropriate for each lot. (b) EC 9.6500 through 9.6505 Public Improvement Standards. EC 9.6500 Easements Existing easements on the subject property are illustrated on Exhibit A of the application materials and are discussed in greater detail below. Public easements are proposed over the Hearing Official Decision (PDT 10-2, CU 11-1) 21