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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 under the clear and objective 1981 DDP was thus an available option for <br />2 purposes of ORS 197.307(6). We reject the argument. As discussed, <br />3 Condition 12, the most salient aspect of the 1981 DDP, is ambiguous regarding <br />4 whether the area of Tract B is developable at all, and is thus not a clear and <br />5 objective standard or condition. Moreover, even if Condition 12 or the 1981 <br />6 DDP explicitly and unambiguously prohibited any building in the area now <br />7 comprising Tract B, we do not see that the 1981 DDP would constitute a "clear <br />8 and objective" alternative "approval process" for needed housing within the <br />9 meaning of ORS 197.307(6). Because the city has identified no clear and <br />10 objective approval process for needed housing on Tract B that an applicant <br />11 could choose, the city cannot rely on ORS 197.307(6) to authorize imposition <br />12 of the subjective standards for modifying the DDP at LDC 2.5.40.04. <br />13 The city also suggests that petitioner is bound by the choices of its <br />14 predecessor-in-interest in 1981, who chose to seek rezoning to PD (RS-12) and <br />15 development of the eastern third of the parent parcel under the planned <br />16 development process, in order to develop The Regent facility. Because the <br />17 predecessor-in-interest chose to take advantage of the flexibility offered by the <br />18 planned development process rather than pursue other options to develop The <br />19 Regent facility, the city argues that it is consistent with ORS 197.307(4) and <br />20 (6) to require petitioner to modify the 1981 DDP pursuant to the subjective <br />21 criteria at LDC 2.5.40.04. <br />22 We disagree with the city. We might agree with the city if the 1981 DDP <br />23 proposal had involved needed housing, and the applicant chose the Planned <br />24 Development process to gain approval of that needed housing, in lieu of a clear <br />25 and objective path to develop needed housing. Even though ORS 197.307(6) <br />26 had not yet been adopted in 1981, we see no reason why the two-track <br />Page 13 <br />
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