FINAL ORDER OF THE EUGENE PLANNING COMMISSION: <br />SUPPLEMENTAL FINDINGS OF FACT AND CONCLUSIONS OF LAW <br />ADDRESSING ISSUES REMANDED BY THE LAND USE BOARD OF APPEALS <br />(AT&T Mobility Cell Tower - Oakway Golf Course PDT 10-2 & CU 11-1) <br />1. INTRODUCTION <br />This matter concerns the Planning Commission's consideration on remand of the application <br />("Application") for a Tentative Planned Unit Development and Conditional Use Permit filed by AT&T <br />Mobility to allow construction of a 75-foot telecommunications tower on the Oakway Golf Course. <br />In Northgreen Properties, LLC v. City of Eugene and New Cingular Wireless PCS, LLC, _ Or LUBA - <br />(LUBA Nos. 2011-099, March 5, 2012), the Land Use Board of Appeals ("LUBA") remanded the Planning <br />Commission's 2011 decision to approve the concurrent applications for the following reasons: <br />(1) The Planning Commission failed to properly consider Metro Plan Policy E.4 as an <br />"applicable" policy with "fairly specific and mandatory direction..." <br />(2) In order to condition the approval of a later noise study showing the facility will meet <br />the City's noise standard, the Planning Commission must make a determination that it <br />is feasible or possible to produce such a study. <br />LUBA denied all other assignments of error raised against the Planning Commission's decision. On <br />November 28, 2013 the applicant submitted a letter requesting that the City begin remand <br />proceedings which starts a state mandated 90-day timeframe and thus requires the City to respond to <br />the remand no later than February 26, 2013. Due to the limited scope of the two appeal issues on <br />remand, no public hearing was set, but the record was re-opened to allow written testimony and <br />evidence on these two specific issues. Deliberations were initially set for February 11, 2013, but were <br />postponed to February 25, 2013 and March 4, 2013. The applicant provided a 14-day extension to the <br />90 day timeframe to allow for this change which requires the City to respond to the remand no later <br />than March 12, 2013. Prior to deliberations, Commissioner Jaworski recused himself from participating <br />as he had been involved in opposing the application during the initial proceedings, as chair of the <br />neighborhood association at the time. A quorum of the Planning Commission was present for the <br />deliberations and final action on the remand. <br />This order is supplemental to the initial Final Order of the Planning Commission dated October 4, 2011 <br />and replaces findings in regards to the Northgreen Properties' Eighth Assignment of Error (on page 11). <br />It also supplements findings in regards to the Northgreen Properties' Second Assignment of Error (on <br />pages 4-5 of the initial Final Order). The text of these supplemental findings shall take precedence over <br />the initial Final Order. <br />Final Order - On Remand March 4, 2013 Page 1 <br />(PDT 10-2 & CU 11-1) <br />