ATT New Evidence Submitted During First Open Record Period

appeal, that challenge will be addressed by legal counsel in context with relevant statutes and case law. RECOMMENDATION Based on the available information, staff concludesthatthe Hearings Official's decisionwas not in error or otherwise inconsistent with the applicable approval criteria from EC 9.$865. As noted above, a supplemental memo from the City Attorney will also be provided to address legal arguments raised in the appeal. Staff's initial recommendation is to affirm the Hearing Official's decision, with the possibility dependingon Planning Commission's deliberations, of modifying the decision to apply the/SR, Site Review overlayzone and provide additionalor revisedfindings as necessaryto address any remaining legal issues. In the event that the Planning Commission finds the Hearings Official erred in approving the request and chooses to reverse the decision, the Planning Commission is required to provide specific findings of fact as to why the decision was in error. The Planning Commission cannot reverse the decision without such findings. ATTACHMENTS . The entire record of materials for this zone change, including the Hearings Official's decision, is available for review at the Eugene Planning Division offices, and will be provided to the Planning Commission underseparatecover. The record of materialswill also be made available for review atthe PlanningCommission public hearing, and anyfollow-up deliberation meetings on this matter. For convenience, the following relevant items from the record are attached for reference: 1. Vicinity Map . 2. Appeal forms and written appeal statement for Z 11-3, prepared by Paul Conte on behalf of Jefferson INestside Neighbors, received August 16, 2011. FOR MARE INF~RM~4T14N; Please contact Steve Ochs, Eugene Planning Division, by phone at ~541~ 682-5453, or by a-mail at steve.p.ochs~ci.eugene.or.us PC Agenda -Page 6