Hearings Official Decision - Laserfiche WebLink

provides that its policies apply to properties located south of 18th Avenue and above 500 feet in elevation. Consequently, as properties located south of 18th Avenue and above 500 feet annex into the City, they become subject to the SHS. The property that is the subject of this application is located within the City, south of 18th Avenue and above 500 feet; therefore, the property is now subject to the SHS, even if it would not have been subject to the SHS when the SHS was originally adopted. The resolution adopting the SHS (Resolution 2295, adopted June 10, 1974) provides that the SHS is "applicable to that area identified in the study as being south of 18th Avenue, above an elevation of 500 feet." The SHS did not (and does not today) include a map showing specific plan boundaries. Neither the SHS nor Resolution 2295 limit the footprint of the SHS to properties that were located within the city limits at the time the Resolution was adopted. Consequently, over time, as properties (including portions of the subject property) annexed into the City, if those properties were located south of 18th Avenue and above 500 feet, those properties because subject to the SHS." The hearings official accepts the City attorney's statement and rejects the applicant's argument that the South Hills study does not apply to this application. 2. Evaluation of Applicable Approval Criteria As stated above, the applicant has elected to seek approval of the requested PUD under the General PUD approval criteria at EC 9.8320. Those criteria require evaluation of the requested PUD as follows: EC 9.8320(1) The PUD is consistent with applicable adopted policies of the Metro Plan. Finding: The Metro Plan text and diagram designate the subject property as "Low Density Residential." As described in Metro Plan Residential Land Use and Housing Policy A.9, Low Density Residential development includes development up to 10 dwelling units per acre. The subject property is zoned R-1, which is consistent with the current Metro Plan designation.' The proposed development consists of 34 residential lots with two lots having the option to construct up to three units each for a total of 34 to 38 dwelling on 13.63 acres. This results in a gross density between 2.6 to 2.9 units per acre, well within the range indicated under the Metro Plan. Numerous area residents expressed concern that the proposed density is too high for the subject property, citing the property's topography, natural features, proximity to Hendricks Park and the Ribbon Trail, and its visible, South Hills location. However, the appropriateness of the Metro Plan designation is not at issue. This property is designated for low density urban residential 6 EC 9.2700 states that "the purpose of the R-1 Low-Density residential zone is to implement the Metro Plan by providing areas for low density residential use. The R-1 zone is designed for one-family dwellings with some allowance for other types of dwellings and is also intended to provide a limited range of non-residential uses that can enhance the quality of low density residential areas." Hearings Official Decision (PDT 17-1) 13