FINAL ORDER - Laserfiche WebLink

The Eugene Planning Commission held a meeting on February 26, 2018 to deliberate and take action on the remand. Given the limited scope of LUBA's remand, the Planning Commission did not reopen the record. II. FINDINGS OF FACT AND CONCLUSIONS OF LAW As discussed below, the Eugene Planning Commission has reviewed the remand order from the Land Use Board of Appeals (see LUBA No. 2016-104), and has voted to amend the findings and conclusions in its final order dated September 19th, 2016, related to Appeal Issue #1: Street Tree Requirements as follows: Appeal Issue #1: Street Tree Requirements Evidence in the Record: The opponent contends that statements made by staff in its September 6, 2016 memo and by the appellant in its appeal statement constitute new evidence. First, the opponent alleges that the appellant's statement that it could add additional trees in order to comply with the street tree standards is new evidence. Next, the opponent alleges that staff's commentary in its September 6, 2016 Agenda Item Summary (AIS) that the City does not have jurisdiction to require street trees along 1-105 and Delta Highway is new evidence. Based on the resolution of the street tree issue below, it is irrelevant whether those statements constitute new evidence. In any event, those statements do not constitute new evidence. Findings: The Hearings Official determined that the applicant was required to submit a street tree plan, pursuant to EC 9.2170(5)(d) and EC 7.280(1), even though the development proposal did not include the creation of a new street. He determined that the approval criterion was not satisfied because appellant failed to submit a tree plan or provide any evidence regarding compliance with the criterion. The appellant's first appeal issue contends that the evidence in the record supports that the street tree requirements are complied with or can be complied with through a condition of approval. The applicant's site plan titled "Tree Preservation Plan Sheet C110" shows existing trees in the right-of- way adjacent to the subject site. The trees shown (from north to south) are as follows: 1) Cedar Multi-trunk (14"-16") 2) Cedar (20") 3) Cedar Multi-trunk (17"-20") 4) Pine (8") 5) Pine (8") 6) Pine (10") 7) Pine (12") 8) Pine (12") 9) Cedar (22") 10) Cedar (14") 11) Cedar (14") 12) Pine (8") 13) Pine (8") Additional evidence in the record relating to trees is identified in the Staff Agenda Item Summary (AIS) to the Commission for its September 6, 2016 hearing. It draws from the exhibits to the appeal statement to the Commission. Some key items identified by the Staff AIS are noted below: Adjacent to the east boundary of the site, in the Delta Highway right-of-way, owned by Lane County and ODOT, is a mature stand of trees. See Staff Report Attachment D, packet at 37 (Applicant Appeal Ex. 1).