<br /> <br />Modify to make clear and objec�ve and comply with Middle Housing Statute and Rule, as <br />follows: <br /> <br />The Site Plan and narra�ve describe Lot 39 as reserved for future land division and <br />residen�al development consistent with the Middle Housing Statutes and Rule. Lot 39 is <br />in the R-1 base zone that allows single-unit detached dwellings in the meaning of the <br />Middle Housing Statute and Rule and, therefore, it is en�tled to future development of <br />all Middle Housing types, subject to applicable Middle Housing si�ng and design <br />regula�ons. This PUD decision does not approve development on Lot 39; neither does it <br />prohibit development under future land use applica�ons. <br /> <br />The condi�on as originally dra�ed suffers from the following legal shortcomings: <br /> <br />It is not clear and objec�ve in that it fails to state whether or not development may be <br />approved with future land use applica�ons. It can be read as never allowing any development <br />of any kind on Lot 39 in the future. Note that Public Works July 31 comments state that Randy <br />Lane might be connected through Lot 39 in the future. <br /> <br />It is not clear and objec�ve because it fails to address the development prohibi�on that intends <br />to negate the owner’s development rights under the Middle Housing Statute and Rule. If it <br />intends to negate those rights that should be stated. If it does not intend to negate those rights <br />that should be stated. <br /> <br />The applicant has provided a full PGE analysis of the rela�onship between the Middle Housing <br />Statute and the applicable PUD regula�ons in discussion point 1 of its July 31 second open <br />record submital. The City has provided no such analysis; it has simply ducked the issue. <br /> <br />25. The final PUD plans shall include the following note: “No site altera�on is allowed prior <br />to final PUD approval. This prohibi�on includes site grading and the removal of trees and <br />other vegeta�on, as well as any impacts to wetlands and the protected stream on the <br />subject property including changes to the exis�ng drainage patern. Any such altera�ons <br />shall only be allowed subject to permit review and approval, and erosion control <br />measures as required for the proposed work.” <br /> <br />OK <br />Add this condition to ensure stormwater facilities meet city standards with development of <br />Middle Housing: <br />Middle Housing development on any Lot may trigger the requirement for on-site stormwater <br />detention. If a lot is developed with Middle Housing and exceeds 20% impervious area, on-site <br />detention is required. The detention shall be sized by a civil engineer so that the peak flow <br />from the lot does not exceed the peak flow generated by a 20% impervious surface area. The