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,Neighborhood group. As of .this date, the City has received two calls in response to the <br />notices. One call was from a neighbor to the park and another from a resident in the <br />neighborhood who is anactive member of the Whiteaker Community ,Council neighborhood <br />group. The-neighbor called to express gratitude,that the plans indicate gates for the park and <br />` that the. gates .would be closed and locked at night: She stated that she has experienced <br />incidences of transients .and youth using the parking 1'ot for overnight stays and parties, <br />.respectively. On the other Band, the. neighborhood resident called to express concerns about <br />the -park being gated and locked at night because he liked to stroll, through the park during <br />...that time. In response, the applicant declares the purpose for the locked ,gates is to stop the <br />vandalism to the -rose bushes and in some cases, theft of .the rose bushes... He further <br />explained that. pedestrians would still be able to access the garden and. that the gates would <br />primarily prevent parking .and loitering in the parking, lot. No other responses have been • <br />received. <br />The plans were referred to various City departments and service agencies for; review and <br />comment, The respective requirements of these. departments and agencies are incorporated <br />:into the evaluation and conditions. of'approval for this modification request. <br />Findings and Evaluation <br />Eugene Code Section 9.260 states that the development of land in the city that.is within the <br />Willamette River Greenway shall be in accordance with Planned Unit Development or <br />Conditional Use Procedures. Given the existing Conditional Use Permit (CU 84-23) for the <br />Rose Garden; it is appropriate to request modifications pursuant to the. procedures governing <br />- .Conditional Use Permits (9.696 - 9,722). <br />Eugene Code Section 9.722(2) provides for the planning director to approve modifications <br />that are minor in nature and that result iri insignificant changes in the outward.. appearance of <br />the development and impact on surroundingproperties. The planning director's decision. is <br />• ~ to be_'~based upon the following findings: - - ~ - - - - - ~ - - • <br />Section 9.722(~(a)1: The changes are consistent with the conditions of the original <br />aPProval. <br />As noted earlier,, there. were no conditions of approval stipulated in the approval of CU 84- <br />23. The proposed changes to the. development plan are, however, consistent with the nature <br />and intent of the site development. shown on the 1984, plan. <br />.The existing house, shown on the approved 1984 site plan, was specified to be used for group <br />.rental community building. A structural report in 1995 indicated that the cost to bring the <br />structure up to safety standards for this type of use would be cost prohibitive. Therefore,. a <br />decision was: made to replace. the building with a new structure in the future when funding <br />OWEN ROSE GARDEN (MD 97-6) (CU 84-23) <br />Page 4 <br />