just from the applicant and the individual who did not receive notice in 2013. The City did not send <br />out a public notice of this post-hearing change in the process to alert all interested parties to the <br />opportunity to provide additional testimony. <br />Following the 2015 hearing, and after considering the additional testimony, the Planning <br />Commission, again, approved the development application. The City's approval was, again, <br />appealed through the Oregon court system. As a result of that second appeal, the court has again <br />remanded the application. The court decision required the City to provide notice to all parties of <br />the opportunity to submit new evidence and testimony related to the safety of the access to the <br />development site in terms of: (1) the right-of-way width of Oakleigh Lane; (2) the pavement width <br />of Oakleigh Lane; and (3) parking on Oakleigh Lane. <br />CURRENT REMAND RECORD <br />The Notice of Opportunity to Submit Written Testimony for the current remand proceeding provided <br />three "open record periods" to allow submission of written evidence and testimony (see Attachment <br />A). <br />Staff has provided a road map to the three open record periods below. <br />First Open Record Period (Initial) <br />Closed on April 12, 2017; anyone could submit written testimony (evidence or argument) addressing <br />the safety of the access to the development site in terms of any or all of the following issues: (1) the <br />right-of-way width of Oakleigh Lane; (2) the pavement width of Oakleigh Lane; and (3) parking on <br />Oakleigh Lane. Copies of all testimony submitted during the first open record period have been <br />provided to the Planning Commission. The testimony submitted during the first open record period is <br />summarized below: <br />Table 1: Summary of First Open Record Period Testimony <br />Submitted <br />From <br />Summary of Testimony <br />3-29-17 <br />Paul Conte <br />Comments regarding remand proceedings. <br />3-30-17 <br />Planning Staff <br />Recap of 2015 Remand Appeal Issues. <br />3-30-17 <br />City Attorney <br />Letter to the PC regarding process. <br />4-1-17 <br />Phyllis Temple <br />Email stating support for "The Trautman arguments." <br />Email stating that parties are entitled to address the application's compliance with <br />4-4-17 <br />Paul Conte <br />Eugene Code 9.8320(7), irrespective of this issue not being raised in the local Appeal <br />Statement. An excerpt from a LUBA decision is attached. <br />Comments regarding emergency access and traffic on Oakleigh Lane. Photos of cars <br />4-8-17 <br />Rich Dambrov <br />parked on Oakleigh Lane are attached. <br />Letter stating that the owner of Tax Lot 17-04-24-24-10100 does not grant permission for <br />4-12-17 <br />Jim Brandt <br />use of their property that is abutting the south boundary of the Oakleigh Lane right-of- <br />way. <br />Page 2 <br />Page 2 <br />