FINAL ORDER, FINDINGS, AND CONCLUSIONS IA_ R_ft~k <br />. OF THE EUGENE PLANNING COMMISSION: <br />AT&T MOBILITY CELL TOWER - OAKWAY GOLF COURSE UW <br />. (PDT 10-2 & CU 11-1) <br />1. INTRODUCTION <br />The Eugene Hearings Official held a public hearing for the subject Planned Unit Development and <br />Conditional Use Permit applications on June 15, 2011. The Hearings Official issued a decision <br />approving the concurrent land use applications on August 2, 2011. On August 15, 2011, two <br />appeals of the Hearings Official's approval were filed. One appeal was filed by Richard Busch, <br />Attorney for the applicant (now named New Cingular Wireless PCS, LLC). The other appeal was filed <br />by Micheal Reeder, Attorney for Northgreen Property, LLC. The New Cingular Wireless appeal is <br />comprised of 2 assignments of error as reflected in the written statement submitted by Richard <br />Busch. The Northgreen Property appeal consists of 13 assignments of error as reflected, in the <br />written statement submitted by Micheal Reeder. The appellants' assignments of error are further <br />addressed below. The appeals assert that the Hearings Official erred in his findings and decision <br />with respect to applicable Eugene Code (EC) approval criteria at EC 9.8320 and EC 9.8090. <br />On August 19, 2011, in accordance with EC 9.7655(1), the City mailed written notice of the appeal <br />hearing to the applicant, the appellant, the Cal Young Neighborhood Association, all persons who <br />submitted written comments in regard to the original applications, and all persons who requested <br />notice. The written notice included the required elements set forth in EC 9.7655(2). <br />The Planning Commission held a public hearing on the appeals, on August 31, 2011. At the public <br />hearing, Richard Busch provided oral testimony on behalf of the applicant, New Cingular Wireless <br />which is also is one of the appellants in this case. Area residents including Mike Lynch, Shelli Shaufler, <br />Dwight Purdy, Craig Mckern, Jenny Soyke, Sheri Greatwood, Erica Apollo, Bonnie Baker and Dorothy <br />Porter spoke in opposition to the application and in support of the appeal. Micheal Reeder and Sara <br />Bennett provided oral testimony on behalf of the appellant, Northgreen Property LLC, and Bill Kloos <br />spoke on behalf of the Oakway Neighbors group. Bob Proctor spoke in opposition to the application on <br />behalf of the Cal Young Neighborhood Association. Richard Kang, an area resident spoke as a neutral <br />party. The applicant's counsel Richard Busch followed with rebuttal testimony. Written testimony was <br />also provided by the parties and other individuals at the hearing which is included in the record and <br />considered by the Planning Commission in its final decision, unless specifically excluded below. <br />The Planning Commission. closed the public hearing and the record on August 31, 2011. The Planning <br />Commission deliberated on the appeal issues at its meetings on September 6, 19, and 26, 2011 and <br />reached its final decision on October 3, 2011. The appeal is based on the record and limited to the <br />assignments of error contained in the appeal statement submitted. As described below, the Planning <br />Commission affirms the Hearings Official's decision to approve the subject applications, with additional <br />findings and modifications to approval conditions in some instances. Those additional findings and <br />modifications are detailed below with respect to each related assignment of error. <br />Final Order -AT&T Mobility <br />(PDT 10-2 & CU 11-1) October 4, 2011 Page 1 <br />