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<br />e Council that combining lower and higher density rates within a <br /> single development is a common one that has occurred in other <br /> areas of the City. Regarding the question of private versus public <br /> streets within the development and questions regarding maintenance, <br /> he said the PUD does allow the developer the option of private or <br /> publ ic streets. He again cited a variety of examples of that type <br /> i n th e City. He said in this particular case, the Valley West Home <br /> Association expressed concern to the staff that if no conditions were <br /> imposed to regulate maintenance, that responsibility would fall on <br /> the single-family homeowners. Therefore, certain conditions were <br /> established in response to that concern, as outlined on page 1 of <br /> the Hearings Official's report. <br /> Ms. Smith wondered, in regard to conditions 1 and 2 as set forth by <br /> the Hearings Official, whether or not that would affect the density. <br /> Mr. Saul said in remedying those conditions, it would not necessarily <br /> imply a decrease in density. Mr. Thompson explained to Council that <br /> density had changed from 120 units to 115, but not because of those <br /> conditions for a playground. It had decreased because of the func- <br /> tion of the design. Mr. Saul said it was frequent in PUDs that a <br /> decrease in density occurred between the diagrammatic and prelimi- <br /> nary stages. He said there would be a public hearing at the pre- <br /> liminary stage also. He said one distinction that should be made <br /> was that under the Code, and in following normal practice, a decrease <br /> is normally accepted because it does not imply a reversal of a <br /> previous decision. However, if the density is increased, then the <br />e requirements would be to go back through the diagrammatic process. <br /> Mr. Lieuallen asked for clarification regarding the density being <br /> compatible with the existing development. He noted the total floor <br /> area cited by Mr. Bruce indicated there would be little available <br /> open space. Mr. Saul said, as he understood Mr. Bruce's written <br /> statement and his testimony tonight, he referred to Land Use Inten- <br /> sity System of the Land Use Institute and that it should be used <br /> for density impact of this project. He said that system was fairly <br /> close in similarity to the standards used by the City Code. He again <br /> reiterated there would be common open space with the existing Valley <br /> West, as well as playground and tennis court area, and private indi- <br /> vidual open spaces for each unit. He said one item might be erroneous <br /> in Mr. Bruce's calculating of square footage of units as it would be <br /> two-story and therefore could be cut in half; rather than three acres <br /> of floor space, it would be one-and-a-half acres. <br /> In rebuttal, Mr. Bruce said he did not infer that the City should use <br /> the land use intensity ratio system. He was simp ly say i ng that was <br /> another source which could be used to address the density problem. <br /> He felt the proposed development would be so dense it would not <br /> provide an adequate amount of open living space and recreation <br /> space. In regard to the due process, he said he had no quarrel with <br /> the manner in which the Hearings Official conducted the hearing. <br /> However, his quarrel was with the established procedures because <br />e they do not provide due process as it allows the petitioner the <br /> 12/ 12/77 - 13 <br /> q/2 <br />