Public Testimony – Open Record Applicant’s Representative Testimony - July 31, 2024

LAW OFFICE OF BILL KLOOS PC OREGON LAND USE LAW 375 W. 4TH AVENUE, SUITE 204 EUGENE, OR 97401 TEL: 541.954.1260 WEB: WWW.LANDUSEOREGON.COM BILL KLOOS BILLKLOOS@LANDUSEOREGON.COM July 31, 2024 Eugene Hearing Official c/o City Permit and Information Center 99 W. 10th Ave. Eugene, OR 97401 Via Email Only Re: Braewood Hills 3rd Add PUD (PDT 24-1; ST 24-3); Applicant’ First Open Record Submittal Attn: Nick Gioello, Assoc Planner Dear Ms. Lucker: This is the applicant’s first open record submittal. The object here is to respond to the staff report and key opposition testimony, with evidence and legal argument, including among other materials, the attached memorandum from KPFF Engineering and an amended site plan from Schirmer Consulting that shows easements for potential looping of EWEB water lines in the future, if needed in the future. Exhibits B and C. This application should be approved, as recommended by staff, but without the Condition 20 recommended by the staff. That condition is not necessary to ensure compliance with the PUD standards, and more importantly, it would violate the Middle Housing (MH) statute, rule and Middle Housing Model Code (MHMC). What is on the table. It is important not to lose sight of the scope of this application – what it is asking for AND what it not asking for. To summarize: The applicant is asking for; • Tentative PUD and subdivision approval for about 15 acres of R-1 land into 39 lots; • 38 of the lots are proposed for infrastructure to support development on 38 of the lots, including private roads, storm facilities for the private roads, and sanitary water and electric facilities for 38 of the lots; The applicant is NOT asking for approval for: • Development of any single-unit dwellings;