Public Comment (8) - Laserfiche WebLink

consistent with this criterion. Staff recommended that no further analysis of the proposed housing type is necessary to demonstrate that the proposed housing falls within a needed housing category and therefore the proposal is allowable for the proposed application to be reviewed under the needed housing criteria rather than the general criteria. Ross Williamson's written comment (June 11, 2012) and Southeast Neighbors' written testimony submitted at the hearing (August 1, 2012) both noted that the definition of "Needed Housing" in ORS 197.303(1) includes the phrase "at particular price ranges and rent levels," and because the Residential Land Study document cited above do not distinguish between price ranges and rent levels, there is no "needed housing" as defined by state law. The hearings official notes that the City Attorney's Office explained in a memorandum to the Mayor and City Council that Springfield and Eugene met their obligations under the needed housing statutes by adopting the Residential Lands Study documents cited above, and that the studies are acknowledged. The hearings official notes that the studies do not distinguish between price ranges and rent levels. No person explained the reason for this to the hearings official, but the reason is not important because they are acknowledged and the hearings official must apply them in the form in which they were acknowledged. Here, this means that the applicant may properly apply for single-family dwellings as "needed housing." The applicant also noted that the subject property is in the buildable lands inventory; it is inventoried as Site 8 in subarea 6. To ensure compliance with EC 9.8325(1), the staff recommended the following condition of approval: The applicant shall submit a "Use Restriction" or "Codes, Covenants, and Restrictions" (CC&R's) to be recorded with the final plat that stipulates that the lots of the proposed subdivision shall be developed only with needed housing and uses accessory to that housing. The document shall be subject to prior review and approval by the City's Planning Director during the final plat review process. The document shall stipulate that the use restriction is enforceable by the City of Eugene and that any amendment to, or removal of, the established use restriction is subject to prior review and approval by the City's Planning Director. The hearings official concurs that this condition of approval is appropriate. With this condition of approval, the application complies with EC 9.8325(1). EC 9.3325(21: The proposed land uses and densities within the PUD are consistent with the land use designation(s) shown on the Metro Plan Land Use Diagram, as refined in any applicable refinement plan. The applicant correctly notes that the subject property is designated Low Density Residential on the Metro Plan, which establishes an allowed density "through 10 units per gross acres." The Hearing Official Decision (PDT 10-2, CU 11-1) 9