<br />street standards. The applicant has jus�fied an excep�on to connec�vity, as it did in Round I. <br />Therefore, there is no need for full public street improvements. <br /> <br />The City has not explained the need for public road standards in the absence of connec�vity. <br />This is so for several reasons explained in discussion point 3 in our second open record <br />submital: <br /> <br />First, the Code sec�on referenced by the Staff on July 31 applies to “public improvement <br />specifica�ons,” not private. The City has not referenced any other code standard for this <br />requirement. The basis for the city request must be found in clear and objec�ve code <br />provisions. ORS 227.173(1), (2). <br /> <br />Second, because other non-connec�ng streets may be private, but the City wants this one to be <br />public, that shows the City is exercising discre�on with this condi�on. Condi�oning is only <br />proper to ensure compliance with clear and objec�ve standards. ORS 197.307(4). <br /> <br />Third, this discre�onary condi�oning reques�ng exac�ons – land right of way dedica�on and <br />improvements. Discre�onary review that would allow the City to deny is a requirement to <br />demonstrate nexus under Nollan. There is not a discre�onary review. There is an absence of <br />nexus to jus�fy the exac�on. <br /> <br />3. On the final plat the applicant shall dedicate a 40-foot-wide right-of-way extending the <br />public right-of-way for Randy Lane from its exis�ng intersec�on with Blacktail Drive <br />westerly (toward the western terminus of Randy Lane) to the proposed terminus of <br />Randy Lane as currently depicted on Sheet L2.0 of the applicant’s site plans. The right-of- <br />way shall also encompass the required turnaround area at the end of the street and <br />include a reserve strip in accordance with EC 9.6840(1). <br /> <br />The dedica�on is not needed because connec�vity of Randy Lane is not needed. Absent <br />connec�vity, there is no lawful basis for the dedica�on demanded. See discussion in Condi�on <br />2 above. <br /> <br />4. On the final PUD site plans and final plat, the applicant shall create an access restric�on <br />strip along the westerly boundary line of Lot 15 abu�ng Hawkins Lane. <br /> <br />OK <br /> <br />5. Approval for alternate private street names to replace “Stonehedge Way” and <br />“Stonehedge Court” shall be obtained from the regional road naming group prior to final <br />plat approval. <br />