02/12/1979 Meeting - Laserfiche WebLink

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and surveys, and the staff materials presented. Regarding the oppo- sition because of increased tax burden, she said that is a major ~ problem for all citizens. Regarding additional development, she .., hoped that those who are concerned about this problem will be parti- cularly involved when each particular new development is proposed. She offered her assistance to any people in the area for these pro- blems and/or specific projects. She had been in the area, and said it is, in fact, growing and looks much like a city. Those were the reasons for her supporting the annexation and rezoning. B. Appeal of Hearings Official Approval of Diagrammatic Stage of Goodpasture Island/Nazarene PUD (PD 78-16) Approval granted by Hearings Official November 14, 1978. Manager noted the location and said approval would be for 183 acres developed into a density of 14 units per acre with R-2 PD zoning. The appeal is by the applicants, who feel some of the conditions imposed by the Hearings Official should not be so imposed. Those conditions included: I} a requirement for dedication of property along the Willamette River; 2} requirement for improvement of bicycle path along the river; and 3) requirement that the developer obtain agreement from K-Mart to relocate the entrance to K-Mart parking lot to provide a common intersection between the two developments. Manager said the hearing must be limited to the discussion of the subject, as outlined in the appeal, i.e., whether or not the conditions should be required. Mr. Saul referred Council to the City Attorney's memorandum which, in effect, says it is within the scope of applicable law and the City Code to require dedication and improvement of the type required of the developers in this case. The courts normally consider four factors as to whether or not a deed requirement is reasonable, which he outlined from the City Attorney's memo. He noted in a supplementary report, the Planning staff's factual analysis regarding those four and other contested conditions. e No ex parte contacts or conflicts of interest were declared by Councilors. Staff notes and minutes were entered into the record. Public hearing was opened. Those speaking in favor of the appeal were as follows: Harold Gillis, 975 Oak, attorney represented Goodpasture Island Development Company and the First Church of Nazarene. He had not received a copy of the City Attorney's opinion and, therefore, was not able to respond to it. He revi ewed the three condi ti ons imposed by the Hearings Official. He felt the issue was how far the City was . 10 2/12/79--6