<br />Hearings Official Decision (PDT 24-1; ST 24-3) 2 <br />Planner Nicholas Gioello presented the planning staff’s summary of the application. Following <br />the staff presentation, Bill Kloss, the applicant’s attorney, presented testimony on behalf of the <br />applicant. Following the applicant’s presentation, 14 individuals presented oral testimony <br />opposing the proposed PUD and subdivision.2 <br /> <br />At the applicant’s request, at the close of the public testimony the Record was left open for a <br />period of 21 days, until 5:00 pm on July 31, 2024, for additional testimony and evidence; until <br />5:00 pm on August 14, 2024 for testimony responding to the additional testimony and evidence <br />submitted during the initial open record period; and until 5:00 pm August 21, 2024 for the <br />applicant’s rebuttal argument. <br /> <br />During the first open record period, the City staff submitted a staff memorandum and a revised <br />Public Works Referral Response; the applicant submitted written confirmation of its request for <br />an extended open record period and consequent suspension of the 120-day “clock”, a notification <br />of the LUBA remand of the City’s Middle Housing Ordinance, and the applicant’s post hearing <br />memorandum; the Oregon Division of State Lands aquatic resource coordinator submitted email <br />correspondence; and 23 individuals submitted email correspondence opposing the application. <br /> <br />During the second open record period, the City staff submitted a memorandum from Public <br />Works Engineering revising its evaluation and recommended conditions, nine individuals <br />submitted responses in opposition to the evidence supporting the application, and the applicant <br />submitted a memorandum that both responded to evidence in the record and modified the <br />application, including introduction of new evidence not previously submitted. The applicant <br />submitted its final written rebuttal testimony on August 21, 2024. <br /> <br />B. Site Characteristics <br /> <br />The subject property includes 15.47 acres and abuts the east side of Hawkins Lane and the east <br />and north sides of Randy Lane. The surrounding area is generally developed with single family <br />homes. Videra Park abuts the property along the southern boundary. <br /> <br />The subject property has been the subject of two previous planned unit development approvals. <br />In 2002, the subject property was part of an approved 181-unit planned united development <br />(PUD), the Braewood Hills Third Addition PUD, (PDT 01-11). Final PUD approval of that <br />application (PDF 03-01 was effective June 25, 2003 and included 151 units within Phases 5 and <br />6, which comprise the 15.47-acre subject property. Phases 1 through 4 of that PUD were <br />constructed as approved. Phases 5 and 6 were not developed. In 2019 the applicant received <br />tentative PUD approval for a 36-lot residential development for the 15.47 acres that were <br /> <br />2 The names of the individuals who presented oral testimony and who presented written testimony before or after <br />the public hearing are on file in the City’s planning records for this application.