<br /> <br /> 6 <br /> <br />Alternatively, the applicant may submit for an Adjustment Review under EC 9.6815(2)(i), <br />which requires a Type II land use application and is subject to the approval criteria at EC <br />9.8030(29). <br /> <br />It appears to staff that the evidence submitted by the applicant on August 14, 2024 (during the <br />second open record period), including a discussion of the issue by Kloos in his August 14, 2024, <br />letter, Exhibit D titled Randy Lane Connectivity Profile – KPFF Engineering, and Exhibit F titled PDT <br />18-4 Staff Report and Attachments, is responsive to the new recommended condition of approval <br />submitted during the first open record period and therefore should be considered by the decision- <br />maker. <br /> <br />In his letter dated August 14, 2024, Kloos also included the following arguments and exhibits, all of <br />which appear to be responsive to sections of the City’s Memorandum submitted during the first <br />open record period on July 31, 2024, and/or to public testimony submitted during the first open <br />record period as detailed below: <br /> <br />• Kloos argument - Middle Housing rights on Lot 39 and no development above 901 feet, is <br />responsive to the City’s Memorandum and the discussion of the prohibition of single-unit <br />dwellings and middle housing units on Lot 39 and no development above 901 feet (pages 2 <br />and 3, pages 7 through 10) and the recommended condition of approval requiring a site plan <br />revision to remove references to middle housing above 901-foot elevations and a note on <br />the plan for no development above 901-foot elevation (page 10 of the August 14, 2024 Kloos <br />letter). <br />• Kloos argument - Randy Lane and the demand for public road improvements is responsive to <br />the City’s Memorandum and the revised Public Works Referral Comments requiring Randy <br />Lane as a public street and the addition of two new conditions of approval requiring the <br />design and construction of Randy Lane as a public street and the dedication of a 40-foot <br />right-of-way (pages 4 and 5 of Kloos letter). <br />• Kloos argument – that the entire site is a Goal 5 resource and its inclusion on the Scenic <br />Sites Working Paper, is responsive to the City’s Memorandum and the discussion about <br />the entire site as a Goal 5 resource because of its inclusion on the April 12, 1978, Scenic <br />Sites Working Paper (pages 8 and 9, page 11 of Kloos letter). <br />• Kloos argument - a proposal to combine Lots 37 and 38 in response to the lack of access for <br />Lot 38 and the inclusion of Exhibit H titled Site Plan Combining Lots 37 and 38 by Schirmer <br />Consulting, is responsive to the City’s Memorandum and the revised Public Works Referral <br />Comments and condition of approval requiring Lot 38 having frontage on a public street or <br />having access to a public street over a private street or proposed private access easement <br />(page 5 of Kloos letter). <br />• Kloos argument – a request for an exception to connectivity between the two ends of Randy <br />Lane due to steep topography, is responsive to the City’s Memorandum and the revised <br />Public Works Referral Comments regarding street connectivity and condition of approval <br />requiring the applicant submit updated materials that an exception is warranted or submit <br />for Adjustment review (page 4 of Kloos letter). <br />• Kloos Argument - about Stormwater planning for Middle Housing buildout and a request for <br />Planning Commission Agenda Page 8 of 159