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Appeal Decision
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Last modified
6/26/2017 9:48:12 AM
Creation date
9/23/2016 1:08:34 PM
Metadata
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Template:
PDD_Planning_Development
File Type
WG
File Year
16
File Sequence Number
1
Application Name
Eugene Towneplace Suites
Document Type
Appeal Decision
Document_Date
9/23/2016
External View
Yes
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structure clearly contributes to the need for the proposed tree removals. Considering the combination <br />of site constraints and code requirements, it is likely that any commercial development project on this <br />property would result in removing the majority of existing trees. <br />Base Zoning: In their final argument, the appellant states "The site is zoned C-2 and is expected to <br />develop consistent with the uses and magnitude of development allowed in that zone" (Final Argument <br />submitted June 29, 2016, page 5). The Planning Commission agrees with the appellant that the impacts <br />of the of the proposed hotel development are reasonable given the commercial zoning of the property, <br />and recognizes that tree removals are necessary to allow for the type of development permitted in the <br />C-2 zone. <br />Parking: The Planning Commission finds the following statement from the staff report to be important: <br />"For hotels, one (1) onsite parking space is required for each guest room. The proposed hotel includes <br />101 guest rooms, which means 101 onsite parking spaces are required. However, as a right of <br />development the applicant is entitled to a 25% reduction in the number of required onsite parking <br />spaces, which reduces the figure to 76 parking spaces. The applicant proposes 85 onsite parking spaces, <br />which meets this minimum requirement and does not exceed the maximum number of parking spaces <br />(125% of the minimum required)" (Staff Report, page 19). While the code theoretically would allow for <br />up to 126 parking spaces at 125% of the minimum required, the applicant proposes only 85 parking <br />spaces which is less than one parking space per guest room and much less than the maximum allowed <br />by the code. While the opponent argues that additional parking spaces could be removed to facilitate <br />the preservation of more on-site trees, the Planning Commission concludes that the applicant is not <br />proposing an unreasonable amount of parking given the proposed use. <br />Site Restoration: EC 9.8440(2)(c) Restoration and Replacement requires that "...the proposal mitigates, <br />to the greatest degree attainable or feasible, the loss of significant natural features described in criteria <br />(a) and (b) above, through the restoration or replacement of natural features." The staff report states, <br />"The project proposes restoration of the onsite /WR conservation area. Terra Science, Inc. completed an <br />inventory of riparian species commonly found growing along the Willamette River; this list of native <br />species (Attachment M-2, Table 2) was used to design the restoration plan, which is included as Sheet <br />L1.3. The restoration plan proposes a number of replacement trees and other native vegetation within <br />the Water Resource Conservation setback area. More specifically, the applicant proposes to plant 52 <br />new trees throughout the site. Additional native shrubs such as Henderson's sedge, snowberry, ocean <br />spray and Oregon grape will be planted in the restoration area" (Staff Report, page 11). <br />The Planning Commission finds that the tree replacement plantings and site restoration efforts will <br />mitigate the removal of 25 existing trees and improve habitat within the /WR conservation area (the <br />southern portion of the site closest to the Willamette River). This mitigation further contributes to the <br />Planning Commission's conclusion that the approval criteria at EC 9.8440(2) are met. <br />Priority Characteristics: As part of his findings regarding tree preservation, the Hearings Official stated, <br />"EC 9.8440(2)(B) continues to list 10 characteristics to be given priority for preservation. At the least, an <br />application must make an attempt to review the significant trees to be removed against the priority <br />characteristics for significant trees to be preserved. In the present case, the applicant did not make any <br />such attempt" (Hearings Official Decision, page 13). In this case, the Planning Commission disagrees and <br />finds that the applicant did adequately demonstrate its consideration of the priority characteristics for <br />4 <br />
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