DRAFT FINAL ORDER, FINDINGS, AND CONCLUSIONS OF THE EUGENE PLANNING COMMISSION: <br />OAKLEIGH MEADOWS COHOUSING PUD (PDT 13-1) <br />1. INTRODUCTION <br />The Eugene Hearings Official (HO) held the initial public hearing on this request on October 2, 2013. <br />Following the hearing and open record period for additional testimony, he approved the applicant's <br />tentative planned unit development (PUD) with 15 conditions of approval on November 12, 2013. <br />The applicant's concurrent request for a Willamette Greenway Permit was also approved but is not <br />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 <br />ten primary assignments of error in the Hearings Official's findings and decision with respect to <br />applicable 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 9th and 16th, and reached its final decision on December <br />2013. The appeal is based on the record and limited to the assignments of error contained in the <br />appeal statement submitted. As described below, the PC affirms the HO's decision to approve the <br />subject applications, with additional findings and modifications to approval conditions in some <br />instances. Those additional findings and modifications are detailed below with respect to each related <br />assignment of error. <br />II. RECORD BEFORE THE PLANNING COMMISSION <br />The record before the PC consists of the Eugene Planning Commission Agenda Item Summaries and <br />related attachments for Appeal of Hearings Official Decision: Oakleigh Meadow (PDT 13-1) dated <br />{00109077;1 1 DRAFT Final Order Page 1 <br />