Case No. 19-02 Ponderosa Pines Subdivision, Tree Removal, Goal 5 Safe Harbor Review, and Variance

PUBLIC MEETING, NON-PUBLIC HEARING BEFORE KING CITY PLANNING COMMISSION The King City Planning Commission, at its meeting on February 26, 2020 at 9:30 a.m., shall conduct a non-public hearing to consider a motion for reconsideration regarding the following land use application: FILE TITLE Case No. 19-02 Ponderosa Pines Subdivision, Tree Removal, Goal 5 Safe Harbor Review, and Variance APPLICANT James A. Gates Pin Oaks Development Company, Inc. 17435 SW 131st Avenue King City, OR 97224 ZONING R-9 Small Lot and Attached Residential Zone REQUEST A motion for reconsideration of the King City Planning Commission’s approval of: a subdivision to create 12 residential lots; a tree removal permit to remove 62 trees on the site; Goal 5 Safe Harbor review regarding the drainageway and habitat on the west edge of the property; and variance to create a lot that is less than the 2,000 square-foot minimum standard. The motion for reconsideration submitted by Eric Deitchler lists five objections alleging that: 1) proper public notice was not provided; 2) the R-9 Zone does not allow triplexes; 3) lots width variances for 10 of the 12 lots do not meet relevant approval criteria; 4) erroneous statements were made during the hearing stating that triplex housing currently exists in the R-9 Zone district; and 5) the variance would set a precedence to inappropriately amend the use provisions of the R-9 Zone to allow triplex units. LOCATION 17435 SW 131st Avenue (Assessors Map No. 2S1 16DB, Tax Lot 01700). See map. APPLICABLE REVIEW CRITERIA The purpose of this non-public hearing will not be to revisit the entire decision of approval for Ponderosa Pines subdivision. The hearing will only address the five points in the motion for reconsideration. The relevant sections of the King City Community Development Code include: Chapter 16.24 Definitions; Chapter 16.64 Reconsideration of Administrative, City Manager or Planning Commission Decisions; Chapter 16.82 Unlisted Use: Authorization of Similar Use; Chapter 16.84 Small Lot and Attached Residential Zone (R-9); and Chapter 16.164 Variance. PUBLIC HEARING PROCESS The Planning Commission shall review the motion for reconsideration and make a decision regarding this request. This non-public hearing shall be held in the City Council Chambers of the City Hall, 15300 SW 116th Avenue, King City, Oregon 97224. The hearing on this matter will be conducted in accordance with the rules contained in the King City Community Development Code, which is available at City Hall. The motion for reconsideration, subdivision application, and all other relevant documents are available at City Hall. At least seven days prior to the hearing, a copy of the staff report will also be available. All documents may be examined at no cost or copies can be obtained for 25 cents per page. Section 16.64.010 King City Code allows for a party to petition for reconsideration of an administrative, City Manager or Planning Commission decision. Reconsideration is available upon a determination by the Planning Commission that: A. The party requesting reconsideration has sufficiently alleged in writing that a mistake of law or fact occurred; B. The alleged mistake, if found to have occurred, was a substantial factor in the decision; and C. Reconsideration is appropriate to avoid delay or hardship which may be caused by an appeal. King City Code Section 16.64.040 clarifies that motions for reconsideration are a non-public hearing item. Therefore, members of the public are able to attend the hearing but cannot offer written or oral testimony on the petition. If the Planning Commission determines that all three of those factors have been met, a Planning Commissioner may make a motion that the Planning Commission reconsider Final Order LU 19-02. If a majority of the Planning Commission voting on the question at this non-public hearing votes in the affirmative, a public hearing for reconsideration of the Final Order LU 19-02 shall be scheduled. NOTICE TO MORGAGEE, LIENHOLDER, VENDOR OR SELLER: ORS CHAPTER 215 REQUIRES THAT IF YOU RECEIVE THIS NOTICE, IT MUST PROMPTLY BE FORWARDED TO THE PURCHASER. For further information please contact King City Hall, at 503-639-4082, 15300 SW 116th Avenue, King City, Oregon 97224. Publish February 13, 2020 TT152653

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