2017 PC AIS - Attachment C <br />A <br />Planr ing Commission <br />REVISED FINAL ORDER OF THE EUGENE PLANNING COMMISSION <br />ON REMAND FROM THE OREGON LAND USE BOARD OF APPEALS: <br />OAKLEIGH MEADOWS CO-HOUSING PUD (PDT 13-1) <br />1. INTRODUCTION <br />This final order concerns an appeal of a decision by the Eugene Hea rings Official (HQ) to approve a <br />tentative planned unit development (PUL). The Eugene Hearings Official (40) held the initia public <br />hearing on this request on October 2, 2013. Following the hearing and open record period for <br />additional testimony, he approved the applicant's tentative PUD with 15 conditions of approval on <br />November 12, 2013. (Joe of the conditions of approval required landscape screening along the eastern <br />boundary of the subject property. The applicant's concurrent requcst for a Willamette Greenway <br />Permit was also approved but is not challenged by the opponents as part of this appeal, <br />On November 22, 2013, an appeal was filed by the River Road Community Organization. The co- <br />appellant is Bryn, Thoms, the owner of adjacent lands to the north. The appeal statement identifies ten <br />primary assignments of error in the Hearings Official's findings and decision with respect to applicable <br />Eugene Code (EC) approval criteria at EC 9.8320. <br />On November 25, 2013, in accordance with EC 9.7655(1), the City mailed written notice of the appeal <br />hearing to the applicant, the appellant, the River Road Cornmunity Organization, 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 (PC) held a public hearing can the appeal on December 5, 2013. At 'the public <br />hearing, Will Dixon and Zack Mittge provided oral testimony on behalf of the applicant, Lynn Dixon, <br />Otto Poticha, Joan Connolly, and Antonia Lewis spoke in favor of the application. Bryn Thorns and Paul <br />Conte provided oral testimony on behalf of the appellant. Anne Love, Richard Dambrov, and Paul <br />Heintz spoke in oppos;tian to the application. The applicant's legal counsel, Zack Mittge, followed with <br />rehuttal testimony. Written testimony was also provided bythe parties and other individuals at the <br />hearing which is included in the record and considered by the Planning Commission in its final decision <br />The PC closed the public hearing and the record on (December 5, 2013. The PC deliberated on the <br />appeal issues at its meetings on December9thand 1616, and reached its final decision on December 16, <br />2013. The PC affirmed the HO's decision to approve the subject applications, with additional findings <br />and modifications to approval conditions in some instances- in particular, the I}C removed the <br />condition requiring landscape screening along the eastern boundary of the subject property. <br />Appellants and ether interested neighbors appealed the PC's approval to the Land Use Board of <br />Appeals (LUBA). Except with regard to the landscape screening, LLr3A affirmed the PC's decision. <br />LUBA's decision was then appealed to the Or-egon Court of Appeals. Because of a procedural misstep, <br />Final Order: Oakleigh Meadows CO-Housing PUD (PDT 13.1) <br />page 1 <br />Page 12 <br />