Please note that failure to raise an issue at the hearing, in person or by letter, or failure to provide <br />statements or evidence with sufficient specificity to enable the decision-maker to respond, <br />precludes further appeal based on that issue. In addition, please note that the appeal is based on <br />the initial record of testimony and evidence before the Hearings Official, and no new evidence is <br />allowed. The basis of the appeal is limited to the issues raised during review of the original <br />application and otherwise set out in the appeal. <br />Additional Information and Staff Report: <br />The Hearings Official's decision approving this application, the appeal and all previously submitted <br />testimony and materials, including all documents and evidence submitted by or on behalf of the <br />applicant, and the applicable approval criteria from Section 9.724(2) of the Eugene Code (2002), <br />are available for free inspection at the City of Eugene Planning Division, 99 West 10th Avenue, <br />Eugene, Oregon 97401 between 9:00 a.m. and 4:00 p.m. Copies may also be obtained at a cost. <br />These materials are also available on the City's land use application website at: <br />http://Pdd.eugene-or.gov/LandUse/SearchApplicationDocuments?file=PDT-17-0001. <br />The staff report to the Planning Commission on appeals is normally, but not required to be, <br />provided at least 7 days in advance of the public hearing. The staff report may be obtained at the <br />same location(s) noted above for free inspection, as well as at: www.eugene-or.gov/pc. Copies <br />may also be obtained at reasonable cost. <br />Conduct of Public Hearing <br />The order of procedure will be as follows, unless modified by the Planning Commission Chair as <br />may be necessary or appropriate: <br />1. The Planning Commission Chair will summarize procedures and commence the hearing. <br />2. City staff will provide a brief introduction and summary of the application/appeal. <br />3. Testimony will first be allowed from proponent/applicant. <br />4. Comments or questions will then be allowed from interested people who are neither <br />proponents nor opponents. <br />5. Testimony will then be allowed from opponents. <br />6. Staff may provide a response to testimony, as needed. <br />7. Planning Commissioners may then ask questions of staff (note that commissioners may also <br />raise questions that might arise during any individual testimony). <br />8. Rebuttal will then be allowed from the proponent/applicant. <br />9. Finally, the Planning Commission Chair will announce whether the hearing and record is <br />closed, held open, or if the public hearing will be continued. <br />Please note that the Planning Commission will not be making a decision the same night of the <br />hearing. Additional meetings for deliberation and a final decision will be scheduled following the <br />public hearing. Once made, the decision of the Eugene Planning Commission will be final at the <br />local level. Persons who appeared before the local government orally or in writing may appeal the <br />decision to the Oregon Land Use Board of Appeals within 21 days of the Planning Commission's <br />decision. Appeals to the Oregon Land Use Board of Appeals are governed by ORS 197.805 to <br />197.860 and OAR Chapter 661, Division 10. <br />If you have questions or would like more information, please contact Nick Gioello at 541-682- <br />5453 or by e-mail at nick.r.gioelIo@ci.eugene.or.us <br />