Attachment A <br />~WPIanning 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 />I. INTRODUCTION <br />This final order concerns an appeal of a decision by the Eugene Hearings Official (HO) to approve a <br />tentative planned unit development (PUD). The Eugene Hearings Official (HO) held the initial 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. One of the conditions of approval required landscape screening along the eastern <br />boundary of the subject property. The applicant's concurrent request for a Willamette Greenway <br />Permit was also approved but is not challenged by the opponents as part this appeal. <br />On November 22, 2013, an appeal was filed by the River Road Community Organization. The co- <br />appellant is Bryn Thorns, 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 Community 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 on 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 opposition to the application. The applicant's legal counsel, Zack Mittge, followed with <br />rebuttal testimony. Written testimony was also provided by the 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 December 91h and 16th, 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 PC removed the <br />condition requiring landscape screening along the eastern boundary of the subject property. <br />Appellants and other interested neighbors appealed the PC's approval to the Land Use Board of <br />Appeals (LUBA). Except with regard to the landscape screening, LUBA affirmed the PC's decision. <br />LUBA's decision was then appealed to the Oregon Court of Appeals. Because of a procedural misstep, <br />Final Order: Oakleigh Meadows Co-Housing PUD (PDT 13-1) <br />Page 1 <br />PC Agenda - Page 2 <br />