LAW OFFICE OF BILL KLOOS PC <br />OREGON LAND USE LAW <br />375 W. 4TH AVENUE, SUITE 204 <br />EUGENE, OR 97401 <br />TEL: 541.343.8596 <br />WEB: WWW.LANDUSEOREGON.COM <br />Robin Hostick, Planning Director <br />Eugene Planning and Development <br />99 W. Broadway <br />Eugene, OR 97401 <br />March 3, 2017 <br />Re: Capitol Hill PUD Tentative Plan Application <br />Dear Robin: <br />BILL KLOOS <br />BILLKLOOS@LANDUSEOREGON. COM <br />Please accept this letter as a supplement to the supporting narrative filed by the Schirmer Satre <br />Group on this date. <br />The purpose of this supplemental narrative is to request and explain statute rights that benefit the <br />applicant as the developer of "needed housing" under ORS 197.303. Three rights are invoked: <br />(1) The right to an approval path under only clear and objective standards, as guaranteed by ORS <br />197.307(6); (2) a right to offer conditions or amendments to the application that would make the <br />application consistent with the plan and code, as guaranteed by ORS 197.522(3); and (3) the <br />right to extend the 120 day time period for a final local decision in order to allow time for <br />amendments that may be needed to ensure compliance. These points are discussed further <br />below. <br />(1) Because this site cannot be developed under the "Needed Housing" track in the code, <br />the City is prohibited from applying any standards under the "General Track" that are not <br />clear and objective. <br />This application has been filed under the "General Track" in the code, EC 9.8320, which <br />includes many discretionary standards. The General Track was chosen because the Eugene Code <br />prevents development under the Needed Housing standards in EC 9.8325, as more fully <br />explained below. Because the property is not developable under the code in the way that the <br />Needed Housing Statute guarantees, the City is prohibited from applying any standards under the <br />General Track that are not clear and objective. <br />(a) What the Needed Housing Statute guarantees this developer. <br />The Needed Housing Statute applies directly to city review of applications to develop this <br />property. The relevant parts of the statute in ORS 197.307 are: <br />197.307 Effect of need for certain housing in urban growth areas; approval <br />standards for certain residential development; placement standards for <br />approval of manufactured dwellings. (1) The availability of affordable, decent, <br />APP A- LTTR 3.3.2017 <br />