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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
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Yes
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I Condition 12. Petitioner argues that because Condition 12 is ambiguous on <br />2 that point, and requires interpretation to apply it as the city has in the present <br />3 case, the condition is not "clear and objective" and therefore cannot be applied <br />4 as a basis to deny the proposed needed housing. <br />5 The city responds that the city council correctly interpreted Condition 12 <br />6 to impose a setback area between The Regent building and the south property <br />7 line of what is now Tract B, which effectively limits future use of Tract B to a <br />8 buffer area, and therefore precludes construction of the proposed apartment <br />9 building. The city argues that, under the city council's interpretation of <br />10 Condition 12, approval and construction of the proposed apartment building <br />11 would necessarily require a modification of Condition 12 and the 1981 DDP, or <br />12 a nullification of the 1981 DDP as it applies to Tract B. <br />13 ORS 197.307(4) mandates that local governments apply only clear and <br />14 objective "conditions" to needed housing on buildable land. The statute does <br />15 not limit the scope of "conditions" to conditions that are imposed in the <br />16 decision that approves needed housing. Neither does the statute exempt <br />17 conditions that are imposed by earlier land use approvals that do not approve <br />18 needed housing, such as the 1981 DDP. In addition, the city council <br />19 interpreted the city development code to the effect that Condition 12 <br />20 constitutes not only a condition, but an approval "standard." ORS 197.307(4) <br />21 therefore governs the city's application of Condition 12, either as a condition <br />22 or as an approval standard. Consequently, the city may apply Condition 12 to <br />23 approve or deny the proposed needed housing only if and to the extent that <br />24 Condition 12 is "clear and objective." <br />25 We agree with petitioner that Condition 12 is ambiguous and requires <br />26 interpretation as applied to the proposed development. Condition 12 <br />Page 10 <br />
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