AGENDA ITEM SUMMARY <br />September 28, 2015 <br />To: Eugene Planning Commission <br />From: Gabe Flock, Senior Planner, City of Eugene Planning Division <br />Subject: Remand Deliberations: Oakleigh Co-housing PUD (City File PDT 13-1) <br />ACTION REQUESTED <br />To deliberate and take action on a remand decision from the Land Use Board of Appeals <br />(LUBA), concerning an appeal of the Eugene Hearings Official's tentative approval for Oakleigh <br />Co-housing PUD (PDT 13-1). <br />BACKGROUND INFORMATION <br />Extensive background information on this remand and previous decisions relating to the <br />Oakleigh Co-Housing PUD is included in the full record provided separately, as well as the prior <br />Agenda Item Summaries (AIS) and City Attorney communications on this matter. <br />Based on the Planning Commission's determination at our last deliberations meeting, held on <br />August 17th, the record has been held open for additional testimony and evidence. The <br />attached memo from Anne Davies, Assistant City Attorney, provides a detailed summary of <br />what occurred during the open record sequence as well as what should be allowed for <br />consideration as part of your deliberations and action. The memo provides a table of contents <br />for the admissible record materials, to assist in locating various items presented for your <br />review. It also frames the scope of remaining task before the Planning Commission as part of <br />deliberations and action that need to occur on this remand no later than October 12th, 2015 in <br />order to meet the statutory deadline for a final local decision. <br />DELIBERATIONS ON REMAND <br />Staff notes that the Planning Commission has already provided direction to resolve the <br />landscaping issue on remand, with a revised condition of approval that will require "adequate <br />screening" along the eastern boundary of the subject property in accordance with the PUD <br />approval criteria at EC 9.8320(3). The draft language of that revised condition will be provided <br />by staff prior to final action, for the commission's consideration. <br />As an initial matter prior to any further deliberations, staff recommends that the Planning <br />Commission take action with a motion to accept the open record materials in accordance with <br />the City Attorney's advice provided in the attached memo. <br />Following that determination, the Planning Commission's task is to consider all the testimony <br />and new evidence allowed into the record to date in this remand proceeding. The commission <br />needs to determine whether any of that testimony or and new evidence changes any of the <br />