Memo to Planning Commission from City Attorney 7-24-15

Eugene Planning Commission July 24, 2015 Page 3 IV. Deliberations A. Remand of Landscape Screening Issue In its initial proposed site plan, the applicant did not propose landscaping along the eastern boundary of the property. The Eugene Code includes a section that provides landscaping standards generally. See EC 9.6200. It was these provisions that the Hearings Official made reference to in crafting a condition of approval regarding landscaping for the proposed PUD: "Prior to final PUD approval, the applicant shall revise the final site plan and landscaping plan compliant with EC 9.6200 to provide landscape screening along the eastern property boundary, and a combination of landscape screening and fencing along the southern property line, to screen the buildings from view from adjacent properties." PC Agenda - page 93. The Planning Commission subsequently removed the landscaping requirement along the eastern property line. PC Agenda - page 106 ("Additional landscape screening is not required along the eastern property boundary.") In remanding the Planning Commission's decision of the landscape screening issue, LUBA held: "EC 9.8320(3) requires `adequate screening from surrounding properties.' EC 9.0500 defines the word `screening' as `[a] method of visually shielding or obscuring an area through the use of fencing, walls, berms, or densely-planted vegetation.' Given that definition, we agree with Neighbors that the planning commission's conclusion that open space along the eastern boundary provides `adequate screening from' the adjacent park fails to give meaning to the word `screening,' where it does not require the PUD to be visually shielded or obscured from the adjacent park through any of the means specified in the definition." PC Agenda -pages 127-28. As discussed above, the scope of a local government's procedures on remand are a function of the nature of the remand itself. In this case, LUBA determined that the Planning Commission's choice to omit any vegetative screening along the eastern boundary of the property failed to screen the PUD from views from the park, in violation of EC 9.8320(3). LUBA did not specifically dictate or otherwise define the required process to remedy this error. The Planning Commission must therefore decide how it wishes to proceed with regard to LUBA's remand of the landscape screening issue. More specifically, the Planning Commission will need to decide whether the record should be re-opened or not. Option #1: Conduct a public hearing to receive testimony limited to the landscaping issue. While the Planning Commission may choose to conduct another hearing, this option is not required by the LUBA remand. If the Planning Commission chooses to conduct a hearing, City of Eugene • 125 E. 8th Ave. • Eugene, OR 97401 • 541-682-8447 • 541-682-5414 Fax www.eugene-or.gov (00173489;1)