LAW OFFICE OF BILL KLOOS PC <br />OREGON LAND USE LAW <br />375 W. 4TH AVENUE, SUITE 204 <br />EUGENE, OR 97401 <br />TEL: 541.954.1260 <br />WEB: WWW.LANDUSEOREGON.COM <br /> <br />BILL KLOOS <br />BILLKLOOS@LANDUSEOREGON.COM <br /> <br /> <br />August 21, 2024 <br /> <br />Eugene Hearing Official <br />c/o City Permit and Information Center <br />99 W. 10th Ave. <br />Eugene, OR 97401 Via Email Only <br /> <br />Re: Braewood Hills 3rd Add PUD (PDT 24-1; ST 24-3) <br />Applicant’s Final Argument <br />Attn: Nick Gioello, Assoc Planner <br /> <br />Dear Ms. Lucker: <br /> <br />This is the applicant’s final argument. <br /> <br />This application is similar to the application you approved in 2019. Two significant regulatory <br />changes in the interim have triggered this second filing. First, the City updated the Clear and <br />Objective track standards for PUDs, allowing a more market-friendly design. Second, the State <br />has dropped the Middle Housing framework on all land with zoning that allows single unit <br />detached dwellings in order to leverage cities to allow more housing, greater density and less <br />regulation. That includes the subject property. <br /> <br />As they did in Round I, Staff is recommending approval, with the exception of the 901’+ <br />acreage, which the City says is off limits to housing, unless the applicant files under the <br />discretionary General Track, in which case the whole application may be denied depending on <br />how the city weighs the evidence in its discretion. Notwithstanding the flat prohibition, Staff <br />does envision putting a road through the 901’+land sometime in the future. The applicant <br />requests approval of 39 lots, with the understanding that the applicant may come back later and <br />develop Lot 39 under the Middle Housing law; thus, the applicant shows a conceptual plan for <br />Lot 39. The neighbors oppose all development for a variety of reasons. <br /> <br />Remedies to keep in mind: <br /> <br />This is an application for market housing – “needed housing” as defined by statute. ORS <br />197.303 More accurately, the site plan and narrative suggest that this will be a housing project <br />of lots that look like those of the opponents, with housing that looks like that of the opponents, to <br />accommodate residents that are like the opponents. <br /> <br />The state is using increasing heavy, and some might say duller, legislative axes to mandate <br />approval of this kind of housing. In the face of focused and skilled opposition, such as is present <br />here, a would-be housing developer needs to hang onto whatever rules the legislature affords to <br />encourage approvals. These tools include the following, which the applicant will use as needed: <br />