a portion of the street section that would need to be constructed in order to connect both ends of <br />Randy Lane as a public street through the subject site is above 901 feet in elevation). The initial <br />comments from Public Works staff indicated that on that basis, a public street could not be required <br />for the proposed extension of Randy Lane. However, in the July 31, 2024, Revised Referral Comments, <br />Public Works staff revised its analysis and recommendation. While adhering to its analysis that the <br />existing grades precluded compliance with the current street design standards for connections in the <br />direction to the north and northeast, the Public Works staff determined both that the applicant had <br />not established a valid basis for an exception to the connectivity requirement for Randy Lane and also <br />that, in accordance with EC 9.6815(2)(a), Randy Lane should be required to be a public street. <br />Summary of Applicant's Argument <br />The applicant argues that the Hearings Official erred by refusing to consider the applicant's <br />testimony dated August 14, 2024. The applicant maintains that the excluded evidence showed <br />there was no need for the street to be public or to meet public street standards because the <br />excluded evidence showed that an exception to street connectivity is justified, due to the steep <br />topography that does not meet the City's limit of a 20% grade for roads. The applicant argues that <br />the Hearings Official should have admitted this rebuttal evidence, found the connectivity <br />exception justified, and agreed that the applicant demonstrated that the Randy Lane extension did <br />not need to be a public street and could remain as a private street. The applicant also argues that <br />the City has not sufficiently justified the exaction with an adequate basis for requiring a public <br />street under constitutional requirements. <br />Planning Commission's Determination <br />The Planning Commission finds that the July 31, 2024, Staff Memorandum included new <br />recommended findings and three new recommended conditions of approval that would require <br />the construction and dedication of Randy Lane as a public street within a 40-foot-wide public <br />right-of-way. The Staff Memorandum asserted that the applicant needed to demonstrate an <br />exception was warranted under the Housing/Clear and Objective track standards and proposed a <br />condition requiring the submission of updated application materials demonstrating that an <br />exception is warranted for Randy Lane under EC 9.6815(2)(h). As an alternative, the Staff <br />Memorandum recommended a condition allowing the applicant to apply for an Adjustment <br />Review under EC 9.6815(2)(i). <br />The July 31, 2024, Staff Memorandum also recommended a condition of approval requiring a <br />revised site plan depicting the extension of Randy Lane as a public street and a condition of <br />approval requiring the dedication of a 40-foot-wide right-of-way extending the public right-of-way <br />for Randy Lane from its existing intersection with Blacktail Drive to the proposed terminus of <br />Randy Lane. These proposed conditions included the following constitutional findings: <br />[I]t is in the public's interest to have an interconnected public street system in order to <br />reduce travel distance, and have the right-of-way adjacent to residential developments <br />be improved with the full range of City street improvements i.e., paving, curbs and <br />gutters, sidewalks, street trees and street lights, so that all public amenities are available <br />for motorists, bicyclists and pedestrians. Additionally, requiring Randy Land as a public <br />street will also ensure that all residents of the subdivision will have access to Videra <br />Park, which abuts the proposed extension of Randy Lane to the south. <br />Final Order: Braewood Hills 3rd Addition (PDT 24-1 and ST 24-3) Page 22 <br />