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<br />e <br /> <br />in the South Hills, reports covering the South Hills study, staff notes and Plan- <br />ning Commission minutes covering deliberations regarding the South Hills, staff <br />notes and minutes and other records of both the Planning Commission and Council <br />relating to the Southridge PUD. He described the Southridgc property proposed <br />for planned unit development, calling attention to the particular parcel annexed <br />by Ordinance 13544 and entering that ordinance into the record as Exhibit 1. <br />Mr. Gleaves further entered as Exhibit 2 Ordinance 13755 zoning the subject land <br />to RA. He noted code provisions governing planned unit development procedures <br />and other documents concerned with the development of this property under PUD <br />procedures, taking cognizance of staff concern about the ridge line park proposal <br />Also noted was public works department memo indicating design of sanitary sewer <br />was submitted and approved which would serve the entire property. Entered into <br />the record as Exhibit 3 was copy of notice of public hearing January 4, 1972 in <br />connection with this PUD application, this notice specifically indicating the in- <br />clusion of this property within the urban service boundary. He cited specific <br />dates of adoption of the 1990 Plan (March 27, 1972), pre-preliminary approval of <br />the proposed Southridge PUD on 112 acres (Mary 8, 1972), and adoption of other <br />documents concerned with Phase 1 of the project which gained final approval. He <br />noted application filed for preliminary approval of Phase 2 on August 2, 1974 - <br />12+ acres with 3.68 units per acre and pointed out its location on a vicinity map. <br />He reviewed action of the Planning Commission culminating in denial of the applica- <br />tion on December 17, 1974 with continuation to the January 13, 1975 meeting with <br />instructions for preparation of findings supporting that denial (findings in <br />staff notes and minutes supported approval). <br /> <br />e <br /> <br />Mr. Gleaves said the record clearly showed that no conclusion was reached, that the <br />negative vote was not a final decision because findings were not adopted, and <br />that there was no motion to continue the issue for determination. He said that <br />under code provisions if the Commission did not make a decision or specifically <br />continue the matter, the application was determined approved. Mr. Gleaves <br />offered as Exhibit 4 a letter written by the city manager stating the city's <br />position on the appeal filed by the applicant on December 27 contending that the <br />application had been approved. The stated city position was that the Commission <br />merely continued the matter to the January 13 meeting for adoption of findings. <br />That action was taken - denial of the preliminary approval based on findings pre- <br />pared by staff - and applicant filed the second appeal. It was to be understood, <br />he said, that the hearing at this time was on the consolidation of those two appeals. <br /> <br />Mr. Gleaves said extensive evidence with regard to the development itself would <br />not be presented because appellant believed the Commission's decision to deny <br />was based not on the PUD aspects of the development but on the interpretation of <br />the South Hills study, that certain language in Resolution 2295 adopting that <br />study precluded the Commission's approving this application. So the presentation <br />was guided, he said, primarily by public policy with regard to development of <br />property south of the ridge line. It was appellant's stand that public policy <br />did not preclude such development, particularly when applicant indicated willing- <br />ness to develop the property in accordance with conditions set out in staff notes <br />and in Commission action on December 17. <br /> <br />(0720) <br /> <br />e <br /> <br />Lloyd Bond, member of the Southridge design team, stated his qualifications as <br />landscape architect. He pointed out on a sketch the property just south of the <br />ridge line on which the development was proposed, other PUDs in the area, and the <br />South Hils ridge line. He described the project, a portion of which is now con- <br />structed, in relation to vicinity streets and terrain. Mr. Bond further explained <br />the existing sewer layout serving part of Phase IA and designed to serve the balance <br />of the project and said that it was the identical layout submitted to the Commission <br />at the time of pre-preliminary approval of the project in 1971. Alternatives were <br /> <br />2/24/75 - 5 <br /> <br />73 <br />