Appeal Staff Report - Laserfiche WebLink

in the need to remove a significant number of trees. These design limitations are related to the shape of the site, the presence of an existing EWEB utility easement, and Eugene Fire Code requirements. The appellant also states that "Opponents argue that more trees can be protected by reducing the number of parking spaces for the application; however, the Planning Commissioners can see that it is not the parking spaces that require removal of the trees along the eastern and western property lines, but the required fire access roads surrounding the building and their mandatory lane widths" (Appeal Statement, page 9). In conclusion, the appellant states that "The building has been designed to be as narrow as possible while retaining its intended function, and it is sited where it must be given the existing easements on the property" (Appeal Statement, page 9). While not discussed under this appeal issue specifically, the appellant also recommends to the Planning Commission that they impose the following condition of approval related to the preservation of a black cottonwood tree that is located in the southern portion of the site: Applicant's Recommended Condition: "The development shall preserve the 32" in diameter black cottonwood tree within the Willamette Greenway originally proposed for removal and shall amend the tree preservation plan, and landscaping plan to reflect preservation of that tree." Staff Comments: The staff report for the June 8, 2016 public hearing stated the following: "The applicant proposes to remove 25 trees to facilitate the development of the hotel, parking areas, access drive, and a circular fire lane. The tree removals are warranted given the relatively narrow width of the property and the Fire Code access requirements; in other words, the site is physically constrained and it is reasonable to allow the applicant to develop the northern portion of the property. Perhaps more importantly, the applicant proposes to plant many new trees and native vegetation to serve as mitigation for the tree removals" (Staff Report, page 10). In other words, staff's initial evaluation found that discussion of the relatively severe site constraints was enough to justify the tree removals. Regarding the black cottonwood tree, the staff report stated "A black cottonwood tree with a DBH of 32-inches will be removed within the WR conservation setback area. The Terra Science report states that'-such removal is necessary, since cottonwoods commonly split as they age and become windfall hazards. At 32-inch diameter, the cottonwood is 'ripe' for such damage.' With this information staff supports the removal of the potentially dangerous black cottonwood tree, especially given that the tree is in close vicinity to the Ruth Bascom Riverbank Path" (Staff Report, page 10). However, during its final rebuttal before the Hearings Official, the applicant indicated it would preserve the cottonwood tree and agrees to the imposition of the above condition of approval. Planning Commission Options: If the Planning Commission determines the Hearings Official did not error in his decision to determine that the criteria pertaining to tree preservation is not satisfied, then no additional findings are needed to affirm the Hearings Official decision with respect to this issue. If the Planning Commission determines the Hearings Official erred in his decision to determine that the criteria pertaining to tree preservation is not satisfied, the Planning Commission can adopt revised findings to reverse the Hearings Official decision with respect to this issue. Alternatively, the Planning Page 6 PC Agenda - Page 6