Eugene Planning Commission <br />August 22, 2016 <br />Page 2 <br />Planning Commission's convenience and reference, the Applicant is attaching exhibits from the <br />record below and excerpts from the Eugene Code to this appeal statement. <br />The Applicant requests that the Planning Commission reverse the Hearings Official's decision <br />and approve the application with the conditions of approval suggested herein and those <br />recommended to the Hearings Official by the planning staff. <br />This appeal statement is based on the record and contains no new evidence. <br />Grounds for Appeal and Reasons for Approval. <br />The Hearings Official denied the application for failure to demonstrate compliance with three <br />approval criteria. These criteria are: <br />EC 9.2170(5)(d), pertaining to Street Trees <br />EC 9.6792(3)(d)(2), pertaining to Storm Water Quality <br />EC 9.8440(2)(b), pertaining to Tree Preservation <br />Each is addressed under separate heading below. <br />First Issue: Street Trees: EC 9.2170(5) (d): EC 7.280(1) - Evidence in the record demonstrates <br />that the street tree standard can he met and the Planning Commission can conclude the <br />standard is met with a condition of approval. <br />Throughout the application review process, the Applicant worked closely with City planning <br />staff to provide the information necessary to demonstrate compliance with all of the mandatory <br />approval criteria. One issue, for which the Hearings Official disagreed with both the Applicant <br />and City staff, was whether the adjacent freeway interchange constituted a street for which the <br />proposal had to provide a street tree plan pursuant to EC 9.2170(5)(d). The Hearings Official <br />concluded that the proposal requires such a plan and because the Applicant had not prepared <br />one or provided any evidence regarding compliance with EC 9.2170(5)(d), the standard is not <br />satisfied. <br />The Applicant contends that evidence exists in the record that demonstrates either that the <br />proposal as designed already complies with the street tree standards or that the proposal can be <br />conditioned to satisfy the street tree standards because the design allows for street trees to be <br />planted consistent with the City's street tree regulations. Consequently, the Planning <br />Commissioners should conclude that the standard can be met through a condition of approval <br />that requires the Applicant to prepare a street tree plan that complies with the City's street tree <br />regulations to be approved by the City before development can begin. <br />EC 9.2170 provides the general commercial zone development standards. EC 9.2170(5)(d) <br />provides: <br />