AGENDA ITEM SUMMARY <br />August_ 24, 2011 <br />To; Eugene PlanningCommission <br />From: Steve Ochs, Associate Planner, Eugene Planning Division <br />Subject: Appeal of Hearings Official Decision: AT&T Mobility Cell Tower - Oakway Golf <br />Course PDT 10-2 & CU 11-1~ <br />ACT14N REQUESTED <br />To hold a publichearingon an appeal of the Eugene Hearings Official's decision toapprove a <br />Planned Unit Development and Conditional Use Permitfor installation of a newwireless <br />telecommunications tower facility on a privately owned golf course. <br />BRIEFING STATEMENT <br />The applications subject to this appeal include concurrent Planned Unit Development~PUD~ <br />and Conditional Use Permit ~CUP~ approvals to construct a 75-foot cell tower on a lease area on <br />Oakway Golf Course, The Hearings Officia! denied a variance request by the applicant has part of <br />the CUPS to allow ancillaryfacilities above ground. The property is located at 2000 Cal Young <br />Road. The proposed cell towerwill be located on the north side ofthe golf course, just north of <br />existing buildings on the site. The subject property is zoned R-1/PD and is developed with an <br />existing private golf course and related buildings and parking. <br />The Eugene Hearings Official held a.public hearingforthesubjectapplicationsonJune 15, 2011. <br />The Hearings Official issued a decision approvingthe concurrent applications on August 2, 2011, <br />On August 15, 2011, two appeals were filed. One appeal was filed by Richard Busch, Attorney <br />for the applicant know named New Cingular Wireless PCS, LLCM. The other appeal was filed by <br />Micheal Reeder, Attorneyfor Northgreen Property, LLC. The New CingularWireless appeal is <br />comprised of 2 assignments of error as reflected in the written statement submitted by Richard <br />Busch see attached}, The Northgreen Property appeal consists of 13 assignments of error as <br />reflected in the written statement submitted by Micheal Reeder also, see attached. Both <br />appellants' assignments of error are further addressed in the staff report below. <br />The Eugene PlanningCommission is scheduledtohold a publichearingonthis appeal on <br />August 31, 2011, Based on procedural requirements set forth in the Eugene Code see EC <br />9.7655, the Planning Commission mayaddress onlythose issuesset out in the appeal <br />statements submitted. Further, the Planning Commission must limit its consideration tvthe <br />evidentiary record established before the Hearings Official; the Planning Commission may not <br />accept new evidence. The Planning Commission is required to conduct the public hearing to <br />accept the parties' arguments according to the statutory procedures for quasi-judicial hearings, <br />and otherwise set forth in the Eugene Code SEC 9.7065 through 9,7095. <br />1 <br />PC Agenda -Page 1 <br />