Item 3: Action - Minor Land Use Code Amendments

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Response: This amendment does not affect any existing procedural or decision making requirements. The amendment would address coriflicting language in the code to make it clear that conditions can be placed on an approval of a Type I application. The most common example is a property line a4iustment in which an easement may straddle the affected property line. In order to n'lOve the property line. staff would require the easement to be moved accordingly. #67 ~ 9.8010 (table); Refinement Plan adoption dates. Objection raised with the proposed amendment which would remove reference to refinement plan dates. Response: When an existing refinement plan is updated. aformal code amendment is also necessmy simply to change the date referenced in the hmd use code. The proposed amendment would eliminate this step. In addition, the dates shown in the code are not always easl1y referenced in the refinement plan itself, and may also not reflect the actual adoption date. #73 - 9.8310; Certified planner required for PUD teams. Comments ask what standard does apply? Response: The code requires a PUD design team to include a licensed arborist, licensed architect, licensed civil engineer, licensed landscape architect, licensed land survt.->yor and a member of the American Institute of Certified Planners. There are no licensing requirements for Planners. While stqff continues to encourage applicants to assemble solid teams) ultimately, the responsibility falls to the applicant to include those profe..'isionals necessary to make their best case for their projects. #74 - 9.8335; Modification to Tentative PUD's. Testimony objects to the modification provision, noting that other multiple opportunities for modifications exist. Response: While the PUD process allows flexibility }vith respect to development standards, the modification process serves a completely different purpose. 'flle modification process enables an applicant to request minor changes to an approved plan. This process does not enable waivers or rela:mtion of development standards. The code currently provides a modification processfor other Type III applications such as CUP's and Willamette Greenway Permits, as well as other Type II applications. The PUD is made up of two distinct steps; Tentative PUD and Final PUD. The code currently allows mod(fications to Final PUD 's, but not the Tentative PUD. The amendment wouM allow an applicant the opportunity to request a minor modification of an approved Tentative PUD, consistent with other applications. Without this amendment. applicants seeking a modification must submit a final PUD for a design they do not wish to build, so that they can then request a modification of the, final PUD. Page 7 of7