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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 A. The Proposed Multi-Family Development is Needed Housing <br />2 The city's decision does not take a clear position on whether the <br />3 proposed development constitutes "needed housing" for purposes of ORS <br />4 197.307, but on appeal the city does not contend otherwise. Petitioner argues, <br />5 and we agree, that the proposed multi-family development constitutes "needed <br />6 housing" as that term is defined at ORS 197.303(1)(a),3 and Tract B constitutes <br />7 "buildable land" as that term is used in ORS 197.307. <br />8 Nonetheless, the city's decision articulates several reasons, amplified in <br />9 the response brief, why the city believes that ORS 197.307(4) does not <br />10 preclude the city from applying Condition 12 of the 1981 DDP and the planned <br />11 development standards at LDC 2.5.40.04 requiring "compatibility." <br />12 We note, initially, that there is no possible dispute that the planned <br />13 development standards at LDC 2.5.40.04 requiring "compatibility" with <br />14 surrounding development, based on 14 factors, are not "clear and objective" <br />15 approval standards. The LDC 2.5.40.04 compatibility standard requires <br />16 "subjective, value-laden analyses that are designed to balance or mitigate <br />17 impacts." Rogue Valley Assoc. of Realtors, 35 Or LUBA at 158. Under ORS <br />18 197.307(4), such standards generally cannot be applied to needed housing. As <br />19 we understand the city's decision, the city believes that LDC 2.5.40.04 <br />20 compatibility standard can be applied to proposed development of needed <br />procedures are capable of being imposed only in a clear and <br />objective manner." <br />3 ORS 197.303(1) defines "needed housing" in relevant part as "housing <br />types determined to meet the need shown for housing within an urban growth <br />boundary at particular price ranges and rent levels, including at least * * * <br />[a]ttached and detached single-family housing and multiple family housing for <br />both owner and renter occupancy[.]" <br />Page 8 <br />
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