Rejection of Testimony <br />At the Planning Commission meeting held on September 6, 2018, the Planning Commission <br />rejected the following portions of written testimony submitted prior to the close of the <br />September 5, 2018 public hearing. <br />1. Four maps included with written testimony submitted by Micheal Reeder on behalf of <br />the Applicant. <br />2. A portion of written testimony submitted at the September 5, 2018 public hearing by <br />Christopher Gadsby. <br />3. Three photographs and one graph submitted at the September 5, 2018 public hearing <br />by Dennis Sandow. <br />IV. FINDINGS OF FACT AND CONCLUSIONS OF LAW <br />After consideration of the applicable law and all argument and evidence in the record, the <br />Planning Commission finds that the subject application meets all applicable Willamette <br />Greenway, Site Review, and Adjustment Review criteria from Eugene Code as specified by the <br />Hearings Official, with the additional findings described below. In the event of any conflict <br />between the Hearings Official's decision and this Final Order, this Final Order shall prevail. The <br />Hearings Official's decision is adopted by reference except as modified by this Final Order and is <br />included as Attachment A. <br />As noted above, the Planning Commission was presented with an appeal filed by Rob Handy, <br />Julie Hulme, H. M. Sustaita, and Loren Schein (Appellants), with concurrent participation by the <br />River Road Community Organization. Each assignment of error in the appeal is set forth below, <br />followed by the Planning Commission's findings of fact and conclusions of law. The Planning <br />Commission's deliberations supporting this decision took place on September 6, 2018. <br />Appeal <br />The appeal submitted includes eleven (11) issues identifying alleged errors in the Hearings <br />Official's decision approving the Lombard Apartments applications. The appeal makes the case <br />that the Hearings Official's decision should be reversed (and the application should be denied). <br />The Planning Commission's findings and conclusions related to each appeal issue are provided <br />below. <br />With the exception of the first appeal issue below, all of the issues are addressed in the order <br />presented in the Appeal Statement. <br />Appeal Issue #1: The Hearings Official erred in finding that the Willamette River Green way <br />approval criteria do not apply to the subject application. <br />Hearings Official's Decision <br />On page 13 of the decision document, the Hearings Official opines that the Willamette <br />Greenway approval criteria located in EC 9.8815 are not clear and objective and therefore the <br />City may not apply them to the Applicant's needed housing application. <br />Final Order: Lombard Apartments (WG 18-3 / SR 18-3 / ARA 18-8) Page 3 <br />