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<br />..., 4. The developer shall not be required to put in sidewalks to the south <br /> line of Phase 1, except if Willamette is improved, and the principal <br /> walk down to the future bus stop must be at least 5' 0" wide and be <br /> hard-surfaced for both pedestrian and bicycle use. <br />e 5. Fire sprinkler systems and fire hydrant locations shall be determined <br /> and specified as required by the Superintendent of Building Inspection <br /> prior to application for any building permits. <br /> 6. Private street signs and stop signs at entrance roads will be installed <br /> by the City, but paid for by the developer. <br /> 7. Lighting to the interior shall be:' installed when public transportation <br /> is available to the area. <br /> 8. All concerns of the Public Works Department must be resolved prior to <br /> issuance of any building permits. <br /> The appeal was based on the contention that there was error or abuse of discretion by <br /> the Planning Commission, and that the Commission's decision was not supported by <br /> evidence in the record. <br /> B. Appeal, BALSM PUD, southwest of Donald and west of Fox Hollow Road - Submitted by <br />'. Paul E. Lawrence, 5426 Donald Street, and three other residents of the area, appealing <br /> the decision of the Planning Commission on October 24, 1972 granting final.approval of <br /> BALSM PUD Phase I for 42 dwelling units on about seven acres. The final approval was <br /> granted on the following conditions: <br /> 1. Entrance roads must be 28 feet wide to the first intersection. <br /> 2. Paving petitions, dedications, and necessary slope easements as may be <br /> required by the City and/or County must be submitted prior to application <br /> for the building permit. <br /> 3. Private street signs at entrance drives will be installed by the City, <br /> but paid for by the developer. <br /> 4. A preliminary subdivision plat necessary for condominiums must be <br /> approved by the Planning Commission prior to issuance of any building <br /> permits, but the filing of the final plat may be deferred until founda- <br /> tions are actually located. <br /> 5. All Uniform Building Code Chapter 70 earthwork must be done concurrently <br /> for Phases I and II along Donald Street and Fox Hollow Road - at least to <br /> the south extremity of Phase I (south of the Fox Hollow entry). Phase II <br />. building construction may be deferred but the Fox Hollow entrance must be <br /> installed with curbs, gutters, and paving. <br /> 6. .Prior to issuance of any building permits, the applicant must submit and <br /> the Planning department and City Attorney approve a Homeowner's Association <br /> agreement assuring permanent maintenance of all on-site"streets, semi- <br /> private (group) open space and recreation facilities, and building ex- <br /> terior appearance. <br /> Ralph Aldave, 4150 Pe~rl Street, attorney representing appellants in both instances, said <br /> the burden of meeting the criteria. required by the ordinance should lie with those seeking <br /> the permits. Evidence in establishing that these criteria have been met, he said, should <br /> be competent and in such detail and of such quality to establish that the development <br /> will not cause congestion and that there are facilities to serve it. He maintained that <br /> evidence has been rath.er sketchy on these points. <br /> With regard to the 1990 Plan, Mr. Aldave claimed the developments do not meet the Plan's <br /> requirements for compact urban growth and sequential development, saying there is similar <br /> land within the City which has not been developed. These, he said, being at the extreme <br /> fringe of the City will not have police and fire protection to any extent. Neither do <br /> the developments meet the 1990 Plan concepts in that public funds will have to be spent <br />'..' to provide utilities. Hesa~d EWEB plans to spend $141,000 during 1973 to provide services <br /> to Southridge. Mr. Aldave said the least expensive unit in the projects will rent for <br />-. about $170 so that the 1990 Plan provision for increased low- to.moderate~income housing <br /> is not being met. Also, if the development is permitted it is taking priority over any <br /> study of the south hills area and will conflict with goals of preserving the scenic hill- <br /> side areas. The type of dwellings proposed - apartments in seven-story buildings - will <br /> be incompatible with that area. <br /> 33lo 11/27/72 - 2 <br />