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PDT 15-1
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Last modified
12/18/2015 4:01:16 PM
Creation date
12/17/2015 9:14:46 AM
Metadata
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Template:
PDD_Planning_Development
File Type
PDT
File Year
15
File Sequence Number
1
Application Name
CHAMOTEE
Document Type
Appeal Materials
Document_Date
12/16/2015
External View
Yes
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I NW Mirador Place, a cul-de-sac that ends adjacent to Tract B and provides <br />2 access to Tract B, via a short flagpole. The decision also approved sanitary and <br />3 water connections to serve Tract B. The 2006 decision removed the PD <br />4 overlay from the 57 residential lots, but did not remove the PD overlay from <br />5 Tract B. No development was proposed for Tract B. The staff report for the <br />6 2006 subdivision explains: <br />7 "It is important to note that Tract `B' contains the entire area of <br />8 Tax Lot 200 [Parcel 2] that is zoned PD (RS-12). The applicant <br />9 has chosen not to subdivide this portion of the parcel in order to <br />10 avoid having to apply for a Major Modification to a Detailed <br />11 Development Plan. The Detailed Development Plan that was <br />12 approved for The Regent Congregate Care Facility (DC-81-2, PD- <br />13 81-1), which was constructed on the parcel immediately north of <br />14 the PD (RS-12) portion of Tax Lot 200, also applied to that <br />15 portion of Tax Lot 200. Therefore, any development on this <br />16 portion of Tax Lot 200 would require a land use approval through <br />17 the Planned Development process." Record 2200. <br />18 The Coronado subdivision became final, and NW Mirador Place was <br />19 constructed as approved. <br />20 At some point thereafter, petitioner acquired Tract B. In 2012, petitioner <br />21 applied to the city for planned development approval for a two-story, 10-unit <br />22 apartment building, similar to the building currently proposed. The planning <br />23 commission denied that application. <br />24 In 2014, petitioner submitted the present application, with revisions to <br />25 address the bases for the denial of the 2012 application. Petitioner argued in its <br />26 application that, pursuant to ORS 197.307(4), the city cannot apply any <br />27 standards or conditions that are not clear and objective. See n 1. The planning <br />28 commission conducted a hearing and, on February 4, 2015, denied the present <br />29 application on three grounds: (1) inconsistency with Condition 12 of the 1981 <br />Page 4 <br />
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