approval under the general approval criteria, rather than the needed housing approval criteria. <br /> <br />Staff agrees with the assertion that the PUD cannot be developed as proposed under the <br />Needed Housing approval criteria. However, staff disagrees with statements made by the <br />Needed Housing approval criteria are applied. Based on a review of the site plan submitted by <br />the applicant, staff believe that at least two additional units could be developed on the site if <br />the applicant chose to proceed under the needed housing approval criteria. <br /> <br />In addition, staff notes that ORS 197.307 requires the City to adopt clear and objective approval <br />criteria for needed housing. ORS 197.307 does not entitle every developer to a set of clear and <br />objective approval criteria that guarantee approval of every proposed needed housing <br />development. The City has adopted clear and objective approval criteria for PUDs as required <br />by ORS 197.307. When applied to this particular proposed development, those clear and <br />objective approval criteria would appear to prevent the developer from building his preferred <br />development. In this situation, the developer has two choices: the developer can either rework <br />the proposed development so it complies with the clear and objective approval criteria; or the <br />developer can choose to proceed (as the developer has done in this case) under the <br />discretionary General PUD approval criteria. <br /> <br />Staff assumes the applicant intends to preserve this argument in the event of an appeal; <br />however, it does not relate to any of the applicable PUD approval criteria and thus is not <br />addressed any further in the following staff report. <br /> <br />Waiver of Licensed Arborist Requirement <br /> <br />Trepresentative, Carol Schirmer, has requested waiver of the requirement for a <br />licensed arborist on the Professional Design Team for this applications agent is a <br />licensed landscape architect who has submitted plans on behalf of many applicants over the <br />years and has demonstrated professional knowledge of the Eugene Code requirements. <br />Pursuant to EC 9.8310(2)(b), the Planning Director has waived the requirement for a licensed <br />arborist on the professional design team. Otherwise, it appears that the applicable design <br />team requirements at EC 9.8310(2) have been met. <br /> <br />South Hills Study Applicability <br /> <br />The applicant asserts in their written statement that in order for the South Hills Study to be <br />applicable to the subject property (and they argue that it is not), the City must show that the <br />subject property is within the regulatory footprint of the South Hills Study. The following <br />South <br />Hills Study applicability. <br /> <br />The resolution adopting the South Hills Study (Resolution 2295, adopted June 10, 1974) states <br />that the policies adopted by the resolution (i.e. the South Hills Study applicable to <br />th <br />that area identified in the study as being south of 18 <br />A review of the Summary and Recommendations of the Joint Parks Committee in the <br /> <br />Capital Hill PUD (PDT 17-1) February 2018 5 <br />Page 5 <br /> <br />