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LUBA RET. EX 076/077 RE-T
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LUBA RET. EX 076/077 RE-T
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Last modified
4/27/2017 4:32:29 PM
Creation date
3/29/2017 1:46:04 PM
Metadata
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Template:
PDD_Planning_Development
File Type
PDT
File Year
13
File Sequence Number
1
Application Name
OAKLEIGH COHOUSING
Document Type
LUBA Materials
Document_Date
10/9/2013
External View
Yes
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proposed to be located south of these trees, with the closest part of the building being setback 12 <br />feet from the north property line. With the 13 feet of additional right-of-way being required along <br />this portion of the north property line, the northwest corner of Building 2 would be within the <br />right-of-way,-which is not acceptable. As such, the following condition of approval is necessary: <br />• The final PUD plans shall show Building 2 located 'outside (moved south) of the required <br />right-of-way dedication along the north property. line. <br />The above condition protects the right-of-way. Following right-of-way dedication, the required <br />setback would be 10 feet; however, the building would have no setback if it were just moved <br />south of the right-of-way, as conditioned above. Again, the applicant requests a modification to <br />the setback standards, which is evaluated under approval criterion EC 9.8320(1.1)(k). <br />Another consideration for the north property line .is the row of cedar trees on the abutting lands <br />to the north. Although the applicant's plans (Sheet L3) show preservation of the trees (refer to <br />Attachment D-4), the critical root zone (CRZ) of the'cedars projects into more than half of Building <br />2. It is unclear whether this is an acceptable level of disturbance. As such, the following condition <br />of approval is necessary: <br />® Prior to final PUD approval, the applicant shall submit a report from a certified arborist <br />confirming that the row of cedars on adjacent lands to the north can survive the <br />construction impacts of the proposed development.(and include any necessary protection <br />measures to ensure survival). The final•PUD plans shall show the location of Building 2 and <br />any related protection measures (e.g. construction fencing-for protected CRZ areas) <br />consistent with the arborist's recommendations. <br />Based on the above findings, conditions, and the subsequent findings provided at EC <br />9.8320(11)(k), which,are incorporated here by reference, the PUD will provide adequate screerymz <br />along the north property line. <br />East Property Line - The east property line abuts City parkland, which is an undeveloped natural <br />resource area bordered by the Willamette River farther to the east:'The distance between the <br />subject property and the ordinary high water line of the Willamette River rarigest,etween 200 and <br />243 feet, according to the applicant's topographical survey. The applicant's topography)c-mot survey <br />also shows the approximate boundaries of the special flood hazard area, notes that the base flooa <br />elevation is about 401 feet; and indicates that about 100 feet of the eastern portion of the <br />property is below the base flood elevation. Between the-401-foot contour. and the east property <br />boundary, the applicant's survey shows a 26-inch diameter cedar, to the north, °and a filbert <br />cluster to the south. <br />The applicant's tree removal and <br />~[--servationPlan she Q Attachment D-4) indic~, tes that the26-inch cedar will be removed to ~m et <br />line. This building is approximately` modate three <br />approximately, fro t p dwe' <br />,11ing units abuttin the north property <br />located farther from the east prop) m the east g <br />which is about 20,feet from the eape' with the closeptopertyline. Buildings to the southAe <br />applicant's tree removal and prese' rtYiine ne bu//d/ngbein / <br />plan shows tha he southern prop a dike stt~rage shed, <br />t the filbert cl tybounaary, The <br />Staff Report: Oakieigh Meadows Cohousir~i <br />uster, anda,rowoffruit <br />Septen,~. <br />
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