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Planning Commission FINAL ORDER OF THE EUGENE PLANNING COMMISSION FOR: TOWNEPLACE SUITES (WG 16-1; SR 16-1; ARB 16-3) 1. BACKGROUND In January of 2016, the applicant submitted a Site Review application, a Willamette Greenway Permit application and an Adjustment Review application for a new four-story 101 room hotel near Valley River Center. The subject property is vacant, and is located south of Valley River Way, north of the Willamette River, and west of the 1-105 freeway/Delta Highway. The subject property is also immediately east of Valley River Inn. The property is zoned C-2 Community Commercial with /WR Water Resources Conservation and /SR Site Review overlays. A portion of the site is within the Willamette River Greenway. The Eugene Hearings Official denied the initial applications in August of 2016. Subsequently, the applicant appealed the decision to the Planning Commission. On appeal, the Planning Commission reversed the Hearings Official's decision, and approved the project. The Planning Commission's decision approving the project was then appealed by Valley River Inn to the Land Use Board of Appeals (LUBA). LUBA remanded the Planning Commission's decision because LUBA determined that the Planning Commission exceeded its authority by considering an issue not raised in the appeal statement (the applicability of the street tree standards). Eugene Code section 9.7655(3) limits the Planning Commission's consideration of an appeal to the issues raised in the statement of appeal filed by the appellant (the applicant in this case). Because the applicant did not raise the issue of applicability of street tree standards in the appeal statement, the Planning Commission's determination that the street standards were not applicable was outside the scope of the appeal. LUBA specifically directed that: "On remand the planning commission must determine whether, consistent with intervenor's filed appeal statement that took the position that evidence in the record demonstrates that EC 7.280 is met, the hearings officer erred in determining that there is not sufficient evidence in the record to demonstrate that EC 7.280 is met." Following LUBA's remand, Valley River Inn appealed LUBA's decision to the Oregon Court of Appeals. On appeal, the Court of Appeals agreed with LUBA's findings and affirmed the Board's decision to remand the project based on the street tree issue. The applicant has requested that the City proceed with the remand, consistent with State law (see ORS 227.181). Consequently, the Planning Commission must take final action within 120 days of the applicant's request; in this case, no later than April 6, 2018. 1