Eugene Hearing Official <br />August 14, 2024 <br />Page 21 <br /> <br />The short response to this Helikson argument, however, is that he is pressing a collateral attack <br />on the 1982 acknowledgment. It cannot be challenged now as not being acknowledged because <br />it is not worthy of acknowledgment. <br /> <br />5. The City correctly points out that Lot 38 on the current site plan shows no access. This <br />oversight resulted from the applicant’s efforts to minimize wetland impacts. The solution, <br />offered here, is to combine Lot 38 with Lot 37 and make the showing the combined lot size <br />it justified under standards in the code. <br /> <br />To resolve the issue raised by Public Works Staff, that Lot 38 is not shown to have access, the <br />applicant will ask to condition the approval to show combining Lots 37 and 38. Exhibit H <br />prepared by Schirmer Consulting, shows this consulting. It includes notes showing the resulting, <br />larger lot will meet lot size standards when steep topography and wetlands set for preservation <br />are considered. <br /> <br />6. Stormwater planning for Middle Housing buildout. <br /> <br />The applicant has given further thought to ensuring stormwater detention can be provided if any <br />lot is built out under Middle Housing rights. (Again, this is not a proposal to do that.) The <br />mechanism to do this will be to request conditioning requiring any lot that builds Middle <br />Housing (duplex, triplex, quadplex) to provide on-site detention for the increment of stormwater <br />associated with that additional development. The condition should require those plans to be <br />engineered. This approach is explained generally in Exhibit I, a memo from KPFF Engineering. <br />The applicant’s engineer will fine tune the suggested condition language with further <br />consultation with city staff and include the language in our final argument. <br /> <br />This approach to dealing with the externalities of Middle Housing ensures that city standards can <br />be met without overbuilding the storage infrastructure at the front end of the development in <br />anticipation of future development that may or may not happen. <br /> <br />Sincerely, <br /> <br />Bill Kloos <br /> <br />Bill Kloos <br /> <br />Enclosed Exhibits: (A through D attached to Applicant’s July Submittal) <br /> <br />Ex E – Randy lane Connectivity Profile – KPFF Engineering <br />Ex F – PDT 18-4 Staff Report and Attachments 3.20.2019 <br />Ex G – Willow Springs Approval ST 04-12 8.10.2004 <br />Ex H – Site Plan Combining Lots 37 and 38 – Schirmer Consulting <br />Ex I - Storm Water Memo – KPFF Engineering