Attachment A <br />WCity Attorney's Office <br />Date: September 21, 2015 <br />To: Planning Commission <br />From: Anne C. Davies <br />Subject: Oakleigh Co-housing PUD (PDT 13-1) <br />Memorandum <br />This memo is intended to assist the Planning Commission and serve as a road map in <br />determining what materials that were submitted during the open record period to include in the <br />record. <br />1. Recap <br />This matter is on remand from LUBA based in part on a procedural error committed by <br />the City in noticing the hearing official's decision on this PUD application. The City neglected <br />to provide notice to Simon Trautman of the hearings official decision or of the Planning <br />Commission appeal hearing. Accordingly, LUBA sent the matter back to the City to allow the <br />City to provide Mr. Trautman the opportunity to participate that he had been deprived of as a <br />result of the procedural misstep. <br />2. Procedures on Remand <br />On July 28, 2015, the Planning Commission held a hearing to allow Mr, Trautman to <br />appear and present testimony. While he did not appear in person, Mr. Trautman did provide a <br />written submittal. In that submittal Mr. Trautman raised an issue related to the paving width of <br />Oakleigh Lane. In short, Mr. Trautman pointed out that, although the paving width of Oakleigh <br />Lane is approximately 19 feet at most points, about 5-6 feet of that paving lies outside the <br />dedicated right of way on the south side of the road. Mr. Trautman alleged that only the paving <br />that lies within the dedicated right of way can be considered when determining whether Oakleigh <br />Lane will provide safe passage for pedestrians, bicycles, motor vehicles and emergency vehicles. <br />On August 17, the Planning Commission decided to re-open the record until August 31 to allow <br />Simon Trautman and his representative and the applicant and its representative to provide <br />evidence regarding right of way pavement widths and whether pavement is available for safe <br />passage of Oakleigh Lane, including information related to parking on Oakleigh Lane. The <br />record was opened until September 4th for both sides to provide rebuttal responding to the <br />evidence presented on August 31. Finally, the applicant had.until September 11 to provide final <br />argument, not including new evidence. <br />City of Eugene • 125 E. 8th Ave. • Eugene, OR 97401 . 541-682-8447 • 541-682-5414 Fax <br />www.eugene-or.gov <br />(00178804;11 <br />