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Appeal Agenda 2025-01-28
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Appeal Agenda 2025-01-28
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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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and emergency medical vehicles. Staff recommends modifying the decision to find that the <br />secondary access requirements are met and there should be no condition of approval at this <br />time for No-Parking Fire Lane signage. <br />• Appeal Issue #4, EC 9.8325(4) – relates to compliance with street connectivity standards at <br />EC 9.6815(2)(b) and the related criteria at EC 9.6815(2)(h), for an exception to providing a <br />street connection for a portion of Randy Lane due to steep slopes. Staff recommends <br />modifying the decision to grant the applicant’s requested street connectivity exception <br />according to EC 9.6815(2)(h). <br />• Appeal Issues #5 & #6, EC 9.8325(4) – relates to compliance with street connectivity <br />standards at EC 9.6815(2)(a) and the requirement for the extension of Randy Lane to be a <br />public rather than private street. Staff recommends affirming the Hearing Official’s finding <br />that EC 9.6815(2) requires that Randy Lane be extended as a public street (but not connect <br />to the east) and modifying the decision to include staff’s proposed conditions for right-of- <br />way dedication and public improvements which she found were justified if the applications <br />were to be approved. <br />• Appeal Issue #7, EC 9.8325(5)(d) – relates to compliance with EC 9.6710 Geological and <br />Geotechnical Analysis and why the applicant need not demonstrate compliance with those <br />requirements if the entire site is on the City’s acknowledged Goal 5 inventory. Staff <br />recommends modifying the decision and finding that the entire site is on the City’s Goal 5 <br />inventory, and therefore exempt from the Geological and Geotechnical Analysis <br />requirements at EC 9.6710(6). <br />• Appeal Issue #8, EC 9.8325(5)(j) – relates to compliance with stormwater standards at EC <br />9.6791 through 9.6797. Staff recommends modifying the decision and finding that the <br />requirements of EC 9.6791 through EC 9.6797 can be met with staff’s proposed conditions of <br />approval. <br />• Appeal Issue #9, EC 9.8325(8)(a) – relates to the South Hills Study requirement that no <br />development can occur above an elevation of 901 feet in elevation, except that either <br />middle housing or one single-unit dwelling may be built on any lot in existence as of August <br />1, 2001. Staff recommends affirming the Hearings Official’s finding that EC 9.8325(8) <br />prohibits development above 901 feet in elevation and modifying the decision to include <br />staff’s proposed condition of approval to address this restriction, which she found was <br />justified if the applications were to be approved. <br />• Appeal Issue #10, EC 9.8520 – relates to compliance with the Tentative Subdivision approval <br />criteria and the extent to which the Hearings Official relied on her denial of the Tentative <br />PUD to also deny the Tentative Subdivision. If the Planning Commission does modify the <br />decision as recommended to approve the Tentative PUD, the Tentative Subdivision should <br />also be approved and the decision modified accordingly. <br /> <br />The attached Draft Final Order also includes a complied list of recommended conditions of approval <br />to date. If the Planning Commission agrees with the recommendation to reverse and modify the <br />Hearings Official’s decision to approve the subject applications, staff recommends that the Planning <br />Commission impose all the recommended conditions of approval as listed. Staff is otherwise <br />available as part of this process to facilitate whatever final decision is made and prepared to draft a <br />Final Order based on Planning Commission’s deliberations and final decision. <br />Planning Commission Agenda 01/28/2025 Page 6 of 42
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