i/f <br />WPlanning <br />Memorandum <br />Date: October 19, 2015 <br />To: Mayor and City Council <br />From: Heather O'Donnell <br />Subject: Response to Recent Testimony <br />Rest-Haven Files MA 15-1 & Z 15-1 <br />Several pieces of testimony were submitted during the open record period on the Rest-Haven <br />applications from September 21 to October 12, 2015. This memo responds to two points that were raised <br />by Mr. Milks in his testimony submitted during this period. <br />NeighborhoodLpnlicant Meeting and Goal 1 <br />On page 2 of his testimony, Mr. Milks states that the City clearly considers the neighborhood/applicant <br />meeting to be one of the requirements for satisfying Statewide Planning Goal 1, Citizen Involvement, as <br />required by Eugene Code Approval Criteria 9.7735 (1), because it is mentioned in the City's findings for <br />compliance with Goal 1. The City has a Citizen Involvement Plan (CIP) that has been acknowledged as in <br />compliance with Goal 1 and the application does not propose modification to the CIP. Additionally, the <br />City has procedures in the land use code that are intended to insure full citizen involvement and <br />participation; violation of any of those procedures does not automatically mean that Goal 1 is violated, <br />rather if there was an error the harmed person would have to have been shown to be prejudiced by the <br />error. Furthermore, the neighborhood/applicant meeting is a relatively recent addition to the land use <br />code that was not created to fulfill the City's CIP for Goal 1 but rather is an additional step beyond <br />compliance with Goal 1 to help initiate conversations early in the development process. <br />Notification to Affected Neighborhood Association <br />On page 5 of his testimony, Mr. Milks states that the City did not comply with the public hearing notice <br />requirements because the City did not provide notice of the Planning Commission's July 14 public hearing <br />to the affected neighborhood association. The Southeast Neighbors were sent a public notice as they <br />were the affected neighborhood association at the time the application was submitted. As shown in the <br />testimony submitted during the open record period, Mr. Valle, president of the Southwest Hills <br />Neighborhood Association (SHiNA) which is now the affected neighborhood association was informed of <br />the applications on June 22, 2015. After that date, staff included Mr. Valle on emails regarding status <br />updates of the application. On September 21, Mr. Valle on behalf of SHiNA sent a request to the Mayor and <br />City Council requesting an extension and postponement to their deliberations and decision. <br />City of Eugene • 99 W. 10th Ave. • Eugene, OR 97401 • 541-682-5481 • 541-682-5572 Fax <br />www.eugene-or.gov/planning <br />