Public Testimony – Open Record City Staff Memo – July 31, 2024

Memorandum Date: July 31, 2024 To: Virginia Gustafson Lucker, Eugene Hearings Official From: Nicholas Gioello, Associate Planner, Eugene Planning Division Subject: Braewood Hills Third Addition (PDT 24-1 and ST 24-3) ___________________________________________________________________________________ In accordance with the open record period established following the public hearing held on July 10, 2024, staff provides this memorandum to address several issues in response to submitted written testimony by the public, the applicant’s presentation by Bill Kloos, and other spoken testimony during public hearing. Eugene Middle Housing Code and State Model Middle Housing Code As described in the staff report, the City’s Middle Housing standards and Middle Housing Land Division procedures were adopted by the Eugene City Council and became effective on March 12, 2024 (Ordinance 20705). The subject applications (PDT 24-1 and ST 24-3) were filed on March 29, 2024, after the City’s Middle Housing Ordinance took effect. The applicant’s written statement references the Large Cities Middle Housing Model Code adopted by the Land Conservation and Development Commission (Exhibit B to OAR 660-046-0010); presumably because the narrative was written during the time a previous version of the City’s Middle Housing Ordinance was on remand from the Oregon Land Use Board of Appeals (LUBA) and the City was required to apply the Large Cities Middle Housing Model Code (Model Code) during the period of the remand. However, as noted above, by the time the subject applications were actually submitted to the City, Ordinance No. 20705 was adopted and effective, so the City’s middle housing code provisions, and not the Model Code, applied to middle housing development and middle housing land use applications. Then, on July 10, 2024, the same day as the public hearing for the subject applications, LUBA issued an order remanding Ordinance No. 20705. The time for the parties to appeal LUBA’s decision to the Court of Appeals runs on July 31, 2024, the same date as the close of the first open record period for the subject applications. If none of the parties appeal LUBA’s decision, on August 1, 2024, the remand will become final and the City will begin to apply the Large Cities Model Code to middle housing development applications and ORS 92.031 to middle housing land divisions instead of the City’s middle housing code provisions. The remand does not affect any of the applicable Tentative PUD or Subdivision criteria. For ease of reference, staff have attached a copy of Ordinance No. 20705 from the March 11, 2024, City Council packet to this memo, showing the changes that Ordinance No. 20705 made to the code (see Attachment A). The only Tentative Subdivision criteria affected by the