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Appeal Agenda 2025-01-28
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Appeal Agenda 2025-01-28
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Last modified
1/24/2025 4:05:56 PM
Creation date
1/24/2025 4:05:11 PM
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PDD_Planning_Development
File Type
PDT
File Year
24
File Sequence Number
1
Application Name
BRAEWOOD HILLS 3RD ADDITION
Document Type
Staff Report
Document_Date
1/28/2025
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It was also noted during the public hearing that a protected upland stream corridor exists on the <br />subject property, which is listed on the City’s adopted Goal 5 Water Resources Inventory (2005) <br />and is reflected by the /WR Water Resources Conservation Overlay Zone placed on this property. <br />On pages 9 and 10 of her decision, the Hearings Official discusses that during the July 10, 2024, <br />public hearing, and in a written hearing memorandum dated July 10, 2024, the applicant argued <br />that, with the exception of the protected upland stream corridor on the subject property, the site <br />is not a part of the City’s Goal 5 inventory. However, the Hearings Official then notes that in the <br />applicant’s August 14, 2024, response testimony, the applicant reversed position and agreed with <br />Planning staff that the entire property is included in the City’s acknowledged Goal 5 inventory. The <br />Hearings Official also considered post-hearing testimony from Lloyd Helikson, which extensively <br />analyzed the 1978 Scenic Sites Working Paper, listed the document’s limitations, and argued that <br />the Scenic Sites Working Paper should not have been the basis for the City’s Goal 5 inventory. <br />While recognizing the limitations of Goal 5 documents drafted more than 40 years ago, on pages <br />14 and 15 of her decision, the Hearings Official ultimately concluded that in 1982, the Scenic Sites <br />Working Paper “and other similar working papers, likely did form the basis for the Metro Plan Goal <br />5 acknowledgment” and therefore the Scenic Sites Working Paper is included in the City’s <br />acknowledged Goal 5 inventory. <br />Additionally, on page 14 of her decision, the Hearings Official acknowledged that LUBA: <br />[D]id appear to recognize that, in 1982 the Metro Plan acknowledgment relied on the <br />imprecise Working Papers as the basis for [the] Metro Plan Goal 5 inventory. As LUBA <br />explained: <br />Identifying the City’s Goal 5 inventory is not an easy task, in part because it was <br />adopted as part of a regional planning process, and in part because the inventory <br />consists, as far as we can tell, of a large collection of various “working papers” and <br />maps. <br />Planning Commission Agenda 01/28/2025 Page 19 of 42
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