Appeal Materials - Laserfiche WebLink

I In sum, Tract B is zoned PD (RS-12) and subject to the 1981 DDP, the 2 city may apply any clear and objective planned development standards or 3 conditions to the proposed needed housing. However, because the proposal is 4 needed housing located on inventoried buildable lands, ORS 197.307(4) 5 prohibits the city from applying any unclear or subjective standards or 6 conditions to approve or deny the proposed needed housing. Because 7 Condition 12 is ambiguous regarding whether any development (including 8 needed housing) of Tract B is allowed at all, and is not clear and objective, the 9 city cannot apply Condition 12 to prohibit the proposed needed housing, or as a 10 vehicle to subject the proposal to subjective approval standards at LDC 11 2.5.40.04. 12 The first and second assignments of error are sustained. 13 THIRD ASSIGNMENT OF ERROR 14 As noted, NW Mirador Place was approved as part of the 2006 15 subdivision. As approved and constructed, NW Mirador Place is a cul-de-sac 16 that terminates adjacent to Tract B, provides access to Tract B and to 17 approximately 17 other lots in the Coronado subdivision, and also includes 18 utilities stubbed to Tract B. One basis for denial in the city council's decision 19 is noncompliance with LDC 4.0.60.c, which provides in relevant part: 20 "Street network plans must provide for connectivity within the 21 transportation system to the extent that, generally, both Local 22 Connector and Local Streets will be created within a development. 23 Identified traffic calming techniques, such as bulbed intersections, 24 etc., can reduce traffic speeds and, where included, are to be 25 constructed at the time of development. To further address traffic 26 speeds and volumes on Local Connector and Local Streets, the 27 following street designs, along with other designs intended to 28 reduce traffic speeds and volumes, shall be considered: Page 15