The applicant requests tentative Planned Unit Development (PUD) and Conditional Use Permit <br />(CUP) approval to install a new wireless telecommunication tower facility and ground-mounted <br />equipment shelter on a privately owned golf course (Oakway Golf Course) which is zoned R- <br />1/PD, Low Density Residential with the Planned Unit Development Overlay. The applicant is <br />proposing to construct a 75-foot monopole communications tower and ground mounted <br />electronic equipment within a 25 x 35-foot area, located adjacent to the north of the existing <br />golf course building. <br />The entire Oakway Golf Course area was annexed in 1972 and received preliminary PUD <br />approval for the entire 168-acre Planned Unit Development. This area was subsequently <br />developed through numerous PUD approvals and modifications. <br />The telecommunications requirements adopted in the Eugene Code that are relevant to the <br />subject request and addressed below at EC 9.5750, were crafted to ensure that they are <br />consistent with the requirements of the Federal Telecommunications Act of 1996. The Act <br />prohibits cities and states from discriminating among telecommunications providers and from <br />erecting barriers to a provider's entry into a local market. The City's policies and ordinance <br />ensure that all providers in similar situations are treated in a similar fashion. The City worked to <br />design the ordinance so that no barriers to market entry were created, consistent with federal <br />requirements under the act. <br />The PUD application is required by the /PD overlay zone. Telecommunications requirements at <br />EC 9.5750(5) also require a CUP for construction new telecommunications towers in areas <br />zoned R-1. Relevant application procedures for this request are addressed at EC 9.7300 through <br />9.7340. Relevant application requirements and approval criteria for this request are addressed <br />at EC 9.8300 through 9.8330, EC 9.8075 through EC 9.8109 and EC 9.5750. <br />A pre-application conference was held March 16, 2010 (LC 10-09), consistent with application <br />procedures at EC 9.7005. Public notice of the PUD application was mailed and posted on <br />December 10, 2010. Subsequently, the application was put on hold and a notice of hearing <br />cancellation was mailed on January 4, 2011. All testimony submitted after the first notice is <br />included in the record. On January 27, 2011 a CUP application was submitted to run <br />concurrently with the PUD application. Public notice of the June 15, 2011 hearing for <br />concurrent applications was mailed on May 11, 2011. <br />Preliminary Issues: <br />Concurrent Applications - As noted above, the applicant submitted for concurrent tentative <br />PUD and CUP approval. Based on initial consultation with City staff, the applicant originally <br />applied only for a PUD. Subsequently, after public comment was received on the PUD <br />application, the applicant provided a time extension, put the PUD application on hold, and <br />submitted the CUP application. On pages 2 and 3 of the applicant's written statement, the <br />applicant requested the hearing official make a determination as to whether the proposed <br />Hearing Official Decision (PDT 10-2, CU 11-1) 3 <br />