LAW OFFICE OF BILL KLOOS PC <br />OREGON LAND USE LAW <br />375 W. 4TH AVENUE, SUITE 204 <br />EUGENE, OR 97401 <br />TEL: 541.343.8596 <br />WEB: WWW.LANDUSEOREGON.COM <br />BILL KLOOS <br />BILLKLOOS a LANDUSEOREGON.COM <br />August 22, 2016 <br />Eugene Planning Commission <br />c/o Eugene Planning and Development <br />Atrium Building <br />99 West 10th Ave. <br />Eugene, OR 97401 <br />Re: Eugene Towneplace Suites (WG 16-1/SR 16-1/ARB 16/3); <br />Applicant's Appeal of Hearings Official Denial <br />Dear Commissioners: <br />This appeal concerns an application to build a hotel on a 2.2-acre, pan-handle parcel adjacent to <br />the Willamette River, immediately south of McGrath's Fish House and to the west the Delta- <br />Highway/Highway 105 interchange. The hotel will have 101 guest rooms and 85 parking <br />spaces.' The zoning on the subject property is C-2/WR/SR - Community Commercial with <br />Water Resources Conservation and Site Review Overlays and the application includes a <br />Willamette Greenway Permit, Site Review, and Adjustment Reviews. See Exhibit 1 Vicinity <br />Map. <br />The Hearings Official concluded that the proposal satisfies all of the mandatory approval <br />criteria or could be conditioned to meet them except for three. Two of the three grounds for <br />denial relate to street trees and tree preservation standards; the third relates to a storm water <br />quality management standard. However, the Hearings Official recognized that his was a close <br />judgement call and that reasonable decision makers could reach a conclusion on the application <br />different than his and approve the application.2 <br />The Applicant contends that the Hearings Official misunderstood and misapplied the Eugene <br />Code, and did not take notice of, or incorrectly evaluated, evidence in the record that should <br />have led him to approve the application or approve the application with additional conditions. <br />The Applicant's grounds for appeal and the reasons for approval are provided below. For the <br />1 The narrative says "8811, but that's not correct. The staff report to the HO confirms 85 spaces. <br />z See Decision, p. 9-10: <br />"If a reviewing body detennines that the application meets all the other applicable criteria, the <br />appropriate condition of approval could be imposed. EC 9.2173(6)(d) can be satisfied with <br />conditions of approval." <br />