6 <br />necessitated under this standard for stormwater quality. <br /> <br />EC 9.6796 Dedication of Stormwater Easements <br />The Public Works referral comments were also revised in this section because of the new conditions <br />requiring the extension of Randy Lane as a public street, which triggers the need for a public <br />stormwater easement for a proposed stormwater facility which will now be located within the <br />extension of Randy Lane. <br /> <br />Future Standards Review Required <br />At the time the initial staff report was issued, the portion of Randy Lane to be constructed across the <br />Goal 5 stream was anticipated to be a private street. Accordingly, the staff report referenced such <br />construction would be subject to Standards Review approval according to the /WR Overlay provisions <br />at EC 9.4930(3)(j). However, based on the revised Public Works referral comments requiring Randy <br />Lane to be dedicated as a public street, the future requirement for a Standards Review will be subject <br />to the /WR Overlay Standards Review provisions at EC 9.4930(3)(b) instead. The originally <br />recommended condition of approval should therefore be revised as follows (making reference to it <br />being a public instead of private street): <br /> <br />• Prior to final PUD approval, the applicant shall obtain Type II Standards Review approval for <br />the proposed public street extension of Randy Lane and any other utility crossings or allowed <br />improvements within the protected /WR conservation area, subject to the applicable <br />standards at EC 9.4900-9.4980. <br /> <br />Again, please refer to Attachment C to this memo for a complete list of conditions of approval from <br />the staff report along with all proposed revisions and newly recommended conditions of approval, as <br />described in this memo and revised Public Works referral comments. <br /> <br />Goal 5 Status and Middle Housing Development on Lot 39 <br />In the letter submitted July 10, 2024, Bill Kloos discusses the Large Cities Middle Housing Model Code <br />(Model Code) and the City’s middle housing standards, adopted through Ordinance No. 20705. Kloos <br />acknowledges that Ordinance No. 20705 is currently in effect (staff notes that at the time his letter <br />was submitted it was not known that the Land Use Board of Appeals had remanded the City code on <br />the very same day) by stating: <br />In summary, the applicant agrees the Model Code does not apply right now. It may apply <br />again soon. Regardless, the applicant is relying on the Middle Housing Statute, Rule and the <br />Middle Housing Land Division Statute, ORS 92.131. That law provides essentially the same <br />standards as the Model Code because the Model Code implements that state law <br /> <br />Kloos further asserts: <br /> <br />The Staff Report refers to the 901’ prohibition in EC 9.8325(8) as a Goal 5 regulation. It is not <br />an acknowledged Goal 5 regulation; it was not adopted via the Goal 5 process. Our narrative <br />at page 21 traces the history of this standard back to its origins and shows that was not