Hearings Official Public Hearings

AGENDA Phone: 541-682-5481 Meeting Location: www.eugene-or.gov/406/hearings-official Virtual Meeting (Via Zoom) The Eugene Hearings Official welcomes your interest in these agenda items. In response to COVID-19, the Permit and Information Center remains closed to the public at this time. Information about online or other options for access and participation is available on the next page of this agenda. For the hearing impaired, assistive-listening devices or an interpreter can be provided with 72- hour notice prior to the meeting. Spanish-language interpretation may also be provided with 72- hour notice. These services may not be available during the meeting but may occur as a follow up service. To arrange for these services, contact the Planning Division at 541-682-5675. WEDNESDAY, February 23, 2022 – Public Hearing 5:00 pm Hearing Official: Virginia Gustafson Lucker I. PUBLIC HEARING ON APPEAL: THE RV CORRAL (CU 21-1) Description: Conditional Use Permit for the existing land use —Recreational Vehicle and Heavy Truck, Sales/Rental/Service. File Name (#): THE RV CORRAL (CU 21-1) Location: 1890 Highway 99 Assessor’s Map / Tax Lot: 17-04-22-12 / 03400, 03600, 03700, 03800, 03900, 04000, 04100 Applicant’s Representatives: Zach Galloway, TBG Architects + Planners Lead City Staff: Nicholas Gioello, Associate Planner 541-682-5453, NGioello@eugene-or.gov Page 1 of 20 PUBLIC HEARING FORMAT 1. Staff introduction/presentation 2. Public testimony from applicant. 3. Testimony from the public. Due to the virtual meeting platform, the order of speakers will be based on order that persons request to speak (raise virtual hand), as opposed to the order specified under EC 9.7625. For this reason, each person providing comment will be asked to state whether they are in support, neutral, or in opposition to the application. 4. Staff response to testimony. 5. Questions from Hearings Official. 6. Rebuttal testimony from applicant. 7. Closing of public hearing. The Hearings Official will not make a decision at this hearing. The Eugene Code requires that a written decision must be made within 15 days of close of the public comment period. To be notified of the Hearings Official’s decision, state your name and address during the public testimony portion of the public hearing or contact the lead City staff noted above. The decision will also be posted at https://www.eugene-or.gov/406/Hearings-Official. HOW TO ACCESS THE MEETING To be able to participate in Public Comment join using one of the two following options: 1. Join on your computer, tablet or smartphone Visit: https://zoom.us/j/89276163833 Sign up to speak by clicking once on the “raise hand” icon 2. Join on your phone Dial one of the below numbers and enter the Webinar ID: 892 7616 3833 +1 833-548-0276 (Toll Free); or +1 833-548-0282 (Toll Free); or +1 877-853-5257 (Toll Free); or +1 888-475-4499 (Toll Free); For higher quality, dial a number based on your current location. International numbers available: https://zoom.us/u/adOYOpL5aB Sign up to speak by dialing *9 (Star-9) Page 2 of 20  Atrium Building 99 West 10th Avenue Eugene, Oregon 97401 Phone: 541-682-5377 Fax: 541-682-5572 www.eugene-or.gov/planning PUBLIC HEARING STAFF REPORT Conditional Use Permit File Name (Number): RV Corral (CU 21-1) Owner: The RV Corral Applicant Representative: Zach Galloway, TBG Architects & Planners Lead City Staff: Nicholas Gioello, Associate Planner Relevant Dates: Application Submitted: October 20, 2021 Deemed Complete: January 3, 2021 Public Hearing: February 23, 2022 Subject property Address: 1890 Highway 99 N, Eugene, OR 97402 Map No. / Tax Lots: 17-04-22-12 / 03400, 03600, 03700, 03800, 03900, 04000 and 04100 Zoning: C-2 Community Commercial Size: 7.91 acres APPLICATION SUMMARY Request for Conditional Use Permit approval for the existing recreational vehicle and heavy truck sales, rental and service and parking area alterations. PURPOSE OF THE STAFF REPORT Staff reports provide community members an opportunity to learn more about the land use request and to review staff analysis of the application. Staff reports are available seven days prior to the public hearing (see EC 9.7320). The staff report provides preliminary recommendations and information. The Hearings Official will also consider additional public testimony and other materials presented at the public hearing before issuing a decision. The Hearings Official’s written decision on the application is typically made within 15 days following close of the public record, following the public hearing (see EC 9.7330). For reference, the applicable quasi-judicial hearing procedures are described at EC 9.7065 through EC 9.7095. Staff Report – February 2022 RV Corral (CU 21-1) Page 3 of 20  APPLICATION DETAILS & PROCEDURE The applicant is requesting approval of a Conditional Use Permit (CUP) for recreational vehicle (RV) and heavy truck sales, rental and service, which currently exists on the site. The site, zoned C-2 Community Commercial, has four existing buildings (Bus Barn, Service Building, Sales Office, and Shop Building) and two storage buildings, with the remainder of the space used for vehicle movement, storage, and display. The site has a complicated use history, but can generally be divided into two different areas, those being: (1) the six lots to the east that were part of a previous CUP; and (2) Lot 3400 to the west. See the Vicinity Map in Attachment A. For the first area comprised of six lots, the existing use, including RV Sales and Service, has been operating at this location since at least 1977. In 1981, they received approval of a CUP to add manufactured home sales, rental and service (City file CU 81-24). While the sale of Manufactured Homes declined on the site, it transitioned to primarily RV sales and service. However, the Land Use Code was amended since then and now requires a CUP for RV sales and service in the C-2 zone. Based on the existence of the RV sales prior to the land use code amendments, the RV sales and service use on the site is considered a legal non-conforming use. The second area, Lot 3400, was not part of the previous CUP and has been used as a mixture of bus barn and storage of RVs going back as far back as 1977. The bus barn was used for the storage and service of busses, which has a similar impact and use characteristics of the current use as storage and service of RVs. It is unclear based on the application materials when the bus barn was transitioned from the service and storage of bus to RVs. As such, the existence of the RV sales and service on this lot are also considered a legal non-conforming use. Also on Lot 3400 the paved parking area near Dove Lane is considered a legal non-conforming parking area. The applicant is proposing to bring the entire site into full conformance with the Land Use Code with this Conditional Use Permit application. However, as it pertains to legal non-conforming situations, only those changes to the physical development of the subject property are considered relevant as it relates to applicable development standards of the current code in the context of the approval criteria for the CUP. Therefore, only the changes proposed below are under review of current standards. Any legal non-conforming uses or structures will be required to meet the applicable standards at the time of future alteration, redevelopment, or change in use, in accordance with EC 9.1220 and EC 9.1230. The applicant is proposing or has recently made the following improvements and additions to the site: • Paint room addition (1,716 sq ft) to the existing shop building. • Interior renovations to the existing buildings with no proposed changes to the existing footprints or use. • On-site pedestrian improvements and upgrades to the ADA parking spaces in front of the Sales Office. • Required short-term bicycle parking in front of the Sales Office and Bus Barn building. Staff Report – February 2022 RV Corral (CU 21-1) Page 4 of 20  • Paving of the outdoor merchandise display and vehicular area on Lot 3400 and the planting of 26 new trees along the south and west property lines, per the requirement of EC 9.6420(3)(b). • Enhanced parking area landscaping along Dove Lane will be improved to meet the L-2 Low Screen Landscape Standards. Of these improvements, only the paving of the outdoor merchandise display and use on Lot 3400 was the only improvement that required additional landscaping, as discussed under criterion EC 9.8090(1)(b) in the evaluation below. Details regarding the existing conditions and proposed improvements can be seen in the site plan in Attachment B. Geographically, the site is bordered by Highway 99 along its eastern boundary, Dove Lane to the north, Lakewood Court to the southeast, and residential development to the south and west. While the residential development is abutting the property to the west, a long narrow tax lot (17-04-22-12 / 03200) is located along the extent of the western border and is zoned C-2. This means that the property only abuts or is adjacent to residential development along a portion of its southern boundary. TIMING, NOTICE, AND TESTIMONY Application Submitted October 20, 2021 Determined to be Complete January 3, 2022 Application Mailed Noticed January 12, 2022 Timeline Sign Notice January 25, 2022 Public Hearing February 23, 2021 PUBLIC NOTICE Public notice of this CUP application was provided in accordance with Eugene Code (EC) 9.7315 requirements. TESTIMONY Staff have received no testimony as of the date of this staff report. INFORMATIONAL ITEM In the review of the proposed Conditional Use Permit, it has come to the attention of staff that the RV display area at the northeast portion of the site appears to encroach into the City’s right- of-way along Highway 99. The fencing around the subject property also appears to extend into the right-of-way in this area. An approval of this Conditional Use Permit only applies to the subject property and does not legitimize or authorize the use of City right-of-way for the placement of a fence or the display of RV’s. The City reserves the right to have any obstructions removed from the right-of-way at any time. REFERRAL COMMENTS The Planning Division also provided information concerning the application to appropriate City departments, public agencies, service providers, and recognized neighborhood groups (Active Staff Report – February 2022 RV Corral (CU 21-1) Page 5 of 20 Bethel Citizens). All referral comments received by the Planning Division on this application are included in the application file for reference. The substance of any relevant referral comments is addressed in the context of applicable approval criteria and standards in the following evaluation. EVALUATION In accordance with EC 9.7330, the Hearings Official is required to approve, approve with conditions, or deny a Type III land use application. To assist the Hearings Official in rendering a decision on the application, staff presents the following conditional use permit approval criteria (shown below in bold typeface), with findings related to each, based on the evidence available as of the date of this staff report. Staff also provides a recommendation to the Hearings Official following the staff evaluation. EC 9.8090(1): The proposal is consistent with applicable provisions of the Metro Plan and applicable refinement plans. The Metro Plan designates the subject property as commercial. The subject site is currently zoned C-2 Community Commercial, consistent with the Metro Plan designation. The applicant’s proposed use, RV sales and service, is permitted in the C-2 zone, subject to approval of a CUP. As the proposed use can be allowed upon approval of a CUP in a zone that implements the Metro Plan designation and finding no policies that appear to be mandatory approval criteria, staff concludes that the applicant’s proposal is consistent with the Metro Plan. The Bethal-Danebo Refinement Plan (BDRP) is the applicable refinement plan for this area. The BDRP Proposed Land Use Map identifies the subject property as commercial which is consistent with the subject property’s C-2 Community Commercial zoning. A review of the BDRP finds that there are no specific policies from the plan applicable to the applicant’s request or that appear to be mandatory approval criteria. Based on these findings, EC 9.8090(1) is met. EC 9.8090(2): The location, size, design, and operating characteristics of the proposal are reasonably compatible with and have minimal impact on the livability or appropriate development of surrounding property, as they relate to the following factors: (a) The proposed building(s) mass and scale are physically suitable for the type and density of use being proposed. The subject site has four existing buildings (Bus Barn, Service Building, Sales Office, and Shop Building) and two storage buildings. A paint room addition to the Shop Building was recently approved and constructed. Interior renovations are proposed to the other existing buildings but do not include changes in size of building footprints. The applicant states the adjacent Highway Staff Report – February 2022 RV Corral (CU 21-1) Page 6 of 20 99 corridor to the east is characterized by similar single-story commercial and light industrial buildings. A manufactured home development abuts the site to the west and south and is zoned R-1 Low-Density Residential with a building height limit of 30 feet. The Bus Barn (closest to Dove Lane) is less than 30 feet in height and is the largest building on the site. The Shop Building is approximately 23 feet in height and the recently constructed paint room addition is approximately 27 feet at the highest point of the roof mounted ventilation system. The Service Building and Sales Office are less than 20 feet in height. Two small storage buildings near the south property line are less than 15 feet in heights and are similar in scale to the adjacent manufactured home development. No new buildings are proposed with this application. As noted above, all buildings on the site are well under the 120-foot height limit in the C-2 zone. It is also noted that none of the buildings exceed the 35-foot height limit within 50 feet of adjacent residential property as all the buildings on the site are less than 30 feet in height. Since the building heights on the site are consistent with the height limitations of the surrounding residential properties, the mass and scale of the developed site will have minimal, if any, impact on the livability of the neighboring properties. Based on the above findings, this criterion is met. (b) The proposed structures, parking lots, outdoor use areas or other site improvements which could cause substantial off-site impacts such as noise, glare and odors are oriented away from nearby residential uses and/or are adequately mitigated through other design techniques, such as screening and increased setbacks. The above criterion requires an applicant to address potential off-site impacts. The criterion is primarily concerned with impacts to residential uses and requires an applicant to orient outdoor use areas and site improvements that could be impactful away from any residential uses. In this case, the development site abuts residential development to the west and south. Parking Lots and Outdoor Use Areas: With the exception of the unpaved, gravel parking and vehicle use area on Lot 3400, the parking and vehicle use areas are considered legal- nonconforming uses that are not subject to the current standards. The available historic information shows the use of the site for storage of RV’s dating back to at least 2013 and prior to that the storage of school buses and other large vehicles dating back to 1977, in basically the same configuration and which predates the Parking Area Standards of EC 9.6420. Staff Report – February 2022 RV Corral (CU 21-1) Page 7 of 20  Aerial photograph circa 1977 Since the applicant is not proposing to change the use or configuration of the parking area or expand a building on the lot, no additional parking landscaping is required. However, the applicant is proposing to pave the gravel portion of the existing vehicular display area on Lot 3400 which does require the planting of 26 new trees as discussed in Setbacks and Screening below, per EC 9.6420(3)(b). The proposed paving will eliminate dust that is currently generated by vehicular movements in that area and thereby reduce impacts to neighboring properties. Also, upgrades are proposed to the ADA parking spaces in front of the Sales Office. The site plan does not clearly indicate the locations of merchandise (recreational vehicles) display area and the drive aisles on Lot 3400. Traditional use of the site based on staff’s review of aerial photography from 1977 to 2019 reveals buses or RV’s parked along the perimeter of the site and internal drive aisles separated from adjacent residential properties. However, past placement of RV’s on the site does not guarantee future arrangements on the site. If RV display areas are maintained along the west and south property lines, no additional landscaping is required. However, if vehicular drive aisles were located adjacent to the west and south property lines, additional landscaping would be required in accordance with EC 9.6420(3)(d). Since the submitted site plans do not indicate the placement of RV display areas and drive isles, the following condition is warranted to ensure the placement of RV’s along these property lines: • Prior to final site plan approval, the final site plan shall be amended to clearly show what use or uses, such as recreational vehicle display areas, are adjacent to the south and west property lines. Staff Report – February 2022 RV Corral (CU 21-1) Page 8 of 20 The proposed condition will ensure that current code requirements regarding landscaping requirements will be met. Any legal non-conforming parking and vehicle use areas will be required to meet the required landscaping standards at the time of future alteration, redevelopment, or change in use, in accordance with EC 9.1220 and EC 9.1230. Noise: Overall, noise generated from the site will remain unchanged as the use and day to day operation of the site for RV sales and service will remain as it has existed since the 1980’s. The paint room addition is not expected to generate high levels of noise as all painting activity will be conducted within an enclosed room consistent with current activities within the shop building. The paint room addition, building renovations and paved display area is not anticipated to generate additional noise from that which already emanates from the site. Odors: A new, modernized exhaust and filtration system was recently installed for the paint room addition to the shop building and was approved by the local Lane Regional Air Protection Agency and the City of Eugene. Odors from the paint room addition is anticipated to have no effect on neighboring properties. The use of the site for RV sales and service is not anticipated to generate odors that would be impactful to neighboring properties. Setbacks and Screening: Existing structures on the site meet the required setbacks for the C-2 zone. Existing vegetation and trees are located along the south property line and an existing sight-obscuring fence is located along the west property and a portion of the south property line. The applicant is proposing L-2 landscaping along the northern property line between parking areas and the street. Per EC 9.6420(3)(b) one tree for every 3,000 square feet of paved area is required. With approximately 78,000 square feet of new paving, 26 trees are required to be planted. The applicant has proposed placing these required trees along the west and south property lines to provide additional screening and buffering to the neighboring residential developments. Per EC 9.2170(8)(b)2, outdoor merchandise display is not permitted in required setback areas. Since the property to the south is zoned residential, a 10-foot setback is required in accordance with EC 9.2170(4)(c). It is noted that a narrow parcel of C-2 zoned property abuts the entire west property line and is owned by the neighboring residential development. Therefore, the subject property is not considered adjacent to residentially zoned property per EC 9.2170(4)(c) and the 10-foot yard setback is not required along the west property line. A 10-foot interior yard setback is required along the south property line, in accordance with EC 2170(4)(c), and no recreational vehicle display or new buildings are allowed within this interior yard setback. To ensure that this standard is met, the following condition is warranted: • Prior to final site plan approval, the applicant shall add the following note to their site plans: “A 10-foot interior yard setback shall be maintained along the south property line. In accordance with EC 2170(4)(c), no recreational vehicle display or new buildings are allowed within this interior yard setback”. Staff Report – February 2022 RV Corral (CU 21-1) Page 9 of 20 Recycling and Garbage Screening: The applicant provides no information regarding any changes to the garbage and recycling storage area on the site. To ensure that the applicant’s proposal complies with these standards, to the extent they are applicable, the following condition is recommended: • Prior to final site plan approval, the applicant shall add the following note to their site plans: “Any new or altered recycling and garbage storage shall comply with EC 9.6740 Recycling and Garbage Screening”. Based on the above finding and condition, this criterion is met. (c) If the proposal involves a residential use, the project is designed, sited and/or adequately buffered to minimize off-site impacts which could adversely affect the future residents of the subject property. The applicant does not propose a residential use; therefore, the above provision does not apply to this proposal. Based on the available evidence, above findings, and proposed conditions, EC 9.8090(2) is met. EC 9.8090(3): The location, design, and related features of the proposal provides a convenient and functional living, working, shopping or civic environment, and is as attractive as the nature of the use and its location and setting warrant. The use on the site is RV sales and service; no functional living or civic environment exists on the site. The site does provide a working and shopping environment and the proposed enhancements to the site which include, paving of the gravel display area, interior renovations of the buildings, additional landscaping and tree plantings, upgrades to the ADA parking spaces, and upgraded short term bicycle parking will improve and enhance the working environment for employees and the shopping environment for customers. The proposed landscaping upgrade and the addition of 26 new trees will provide additional attractiveness to the site given its use and location on the developed commercial corridor along Highway 99. The addition of 26 trees and their location along the west and south property lines will also act as an enhanced visual buffer for adjacent residential properties. The site provides direct and convenient connectivity for pedestrians, bicyclists, motor vehicles and buses as well as on-site design considerations including available bicycle parking, which demonstrates considerations around functionality. The applicant addresses applicable development standards and features that contribute to a convenient working and shopping environment on pages 12 and 13 in the applicant’s written statement. As the site continues to develop over time, the applicable development standards not explicitly included in the final site plans will be further evaluated for compliance at the time of future permitting. The applicant’s written statement demonstrates how the proposed site Staff Report – February 2022 RV Corral (CU 21-1) Page 10 of 20 improvements and additions will improve site attractiveness to a level that is appropriate based on the nature of the use and its location. Based on the available evidence and the above findings, EC 9.8090(3) is met. EC 9.8090(4): The proposal demonstrates adequate and safe circulation exists for the following: (a) Vehicular access to and from the proposed site, and on-site circulation and emergency response. Vehicular access is provided to the site from the primary public access point on Highway 99 and the existing Sales Office is adjacent to that entrance. Lakewood Court provides a secondary access and mainly used as a customer and employee exit from the site to the signalized intersection at Lakewood Court and Highway 99. The parking area north of the Bus Barn building has two access driveways on Dove Lane primarily used by employees and offers an additional access for RVs that use the Bus Barn for service or repairs. Security gates at the front of the Bus Barn restrict public access into the site. The proposal does not alter or change any of the existing vehicular accessways. As further discussed by this recommendation at EC 9.6735, the applicant’s proposal relies on existing site access and on-site circulation. No referral comments were received from the Eugene Springfield Fire Marshal’s Office. No changes to access or the operations on the site are proposed and no issues are anticipated with emergency response. Any Future changes or development on the site that require a Land Use application or building permit will also provide further review by the Fire Marshal’s Office. (b) Pedestrian, bicycle and transit circulation, including related facilities, as needed among buildings and related uses on the development site, as well as to adjacent and nearby residential areas, transit stops, neighborhood activity centers, office parks, and industrial parks, provided the City makes findings to demonstrate consistency with constitutional requirements. “Nearby” means uses within 1/4 mile that can reasonably be expected to be used by pedestrians, and uses within 2 miles that can reasonably be expected to be used by bicyclists. Since no new building entrances are proposed as part of the CUP, per EC 9.6730(2), on-site pedestrian circulation is not required. However, the proposed Sales Office upgrades include pedestrian pathway connections from the parking spaces to the main building entry, as well as new code-compliant ADA parking spaces and short-term bicycle parking. Existing transit facilities are located within 2/3 mile of the site near Barger Drive and Pape Beltline interchange. As far as circulation for pedestrians, bicyclists, and transit users, the subject property is located along the developed Highway 99 corridor and has frontage on two additional streets. The surrounding street system includes public sidewalks that offer pedestrians safe access to the site from the nearby surrounding residential areas and points beyond. There are also bicycle facilities and designated routes in the vicinity, including bicycle Staff Report – February 2022 RV Corral (CU 21-1) Page 11 of 20 lanes on Highway 99, Barger Drive, and Taney Street. Lane Transit District provides bus service on Highway 99, Barger Drive, and Echo Hollow Road. These routes provide connections to downtown Eugene, West 11th Avenue, and north to Junction City. The site is located in a well-connected area that provides adequate and safe pedestrian, bicycle and transit circulation from the site to the adjacent and nearby uses in the surrounding neighborhood. As an informational item, compliance with the Bicycle Parking Space Standards at EC 9.6105(2) and Short Term Bicycle Parking Location and Security Standards at EC 9.6105(4) will be verified at time of building permit review. Based on these findings and future permit requirements, EC 9.8090(4) is met. EC 9.8090(5): The proposal is designed and sited to minimize impacts to the natural environment by addressing the following: (a) Protection of Natural Features. 1. For areas not included on the City’s acknowledged Goal 5 inventory, the preservation of significant natural features to the greatest degree attainable or feasible, including: a. Significant on-site vegetation, including rare plants (those that are proposed for listing or are listed under State or Federal law), and native plant communities. b. All documented habitat for all rare animal species (those that are proposed for listing or are listed under State or Federal law). c. Prominent topographic features, such as ridgelines and rock outcrops. d. Wetlands, intermittent and perennial stream corridors, and riparian areas. e. Natural resource areas designated in the Metro Plan diagram as “Natural Resource” and areas identified in any city-adopted natural resource inventory. 2. For areas included on the City’s acknowledged Goal 5 inventory, the preservation of natural features shall be consistent with the acknowledged level of preservation provided for the area. The site is flat and fully developed and has been used for RV sales and service since the 1980’s. The applicant indicates that approximately 96% of the site is covered by impervious surfaces of buildings, pavement and compacted gravel. There are is no significant on-site vegetation, rare or native plants on the site. There are no animal habitats, ridgelines and rock outcrops, wetlands, stream corridors or riparian areas on the site. The Metro Plan does not identify this site as having any natural resources and the site is not included on the City ‘s acknowledged Goal 5 inventory. (b) Tree Preservation. The proposed project shall be designed and sited to preserve significant trees to the greatest degree attainable or feasible, with trees having the following characteristics given the highest priority for preservation: Staff Report – February 2022 RV Corral (CU 21-1) Page 12 of 20  1. Healthy trees that have a reasonable chance of survival considering the base zone or special area zone designation and other applicable approval criteria; 2. Trees located within vegetated corridors and stands rather than individual isolated trees subject to windthrow; 3. Trees that fulfill a screening function, provide relief from glare, or shade expansive areas of pavement; 4. Trees that provide a buffer between potentially incompatible land uses; 5. Trees located along the perimeter of the lot(s) and within building setback areas; 6. Trees and stands of trees located along ridgelines and within view corridors; 7. Trees with significant habitat value; 8. Trees adjacent to public parks, open space and streets; 9. Trees located along a water feature; 10. Heritage trees. The applicant states there is one significant tree on the site, north of the Bus Barn building adjacent to Dove Lane and is identified on sheet A1 of the site plan. This tree will remain and there are no other significant trees on the site. (c) Restoration or Replacement. 1. For areas not included on the city’s acknowledged Goal 5 inventory, the proposal mitigates, to the greatest degree attainable or feasible, the loss of significant natural features described in criteria (a) and (b) above, through the restoration or replacement of natural features such as: a. Planting of replacement trees within common areas; or b. Re-vegetation of slopes, ridgelines, and stream corridors; or c. Restoration of fish and wildlife habitat, native plant habitat, wetland areas, and riparian vegetation. To the extent applicable, restoration or replacement shall be in compliance with the planting and replacement standards of EC 6.320. 2. For areas included on the city’s acknowledged Goal 5 inventory, any loss of significant natural features described in criteria (a) and (b) above shall be consistent with the acknowledged level of protection for the features. As established above, the site is not included on the City’s Goal 5 inventory and the only tree on the site is proposed to remain and the property does not contain slopes, ridgelines, stream corridors, fish and wildlife habitat, native plant habitat, wetland areas or riparian vegetation. Therefore, this criterion is not applicable. (d) Street Trees. If the proposal includes removal of any street tree(s), removal of those street tree(s) has been approved or approved with conditions according to the process at EC 6.305. Staff Report – February 2022 RV Corral (CU 21-1) Page 13 of 20 The proposal does not include the removal of existing street trees; therefore, this criterion is not applicable. Based on these findings, EC 9.8090(5) is met. EC 9.8090(6): The proposal provides adequate public facilities and services including, but not limited to utilities, streets, and other infrastructure. Public Works referral comments, which are available in the application file for reference, confirm that the existing street system and public utilities can adequately serve the proposed development. No additional public improvements are proposed or required at this time. The existing street system and public utilities are further discussed per the findings provided at EC 9.8090(8)(b), (8)(d) and (8)(e) and are incorporated herein by reference. Based on these findings, EC 9.8090(6) is met. EC 9.8090(7): The proposal does not create any significant risk to public health and safety, including but not limited to soil erosion and flood hazard, or an impediment to emergency response. The applicant states that their proposal will not create a risk of soil erosion, flood hazard, or impediment to emergency response. Public Works referral comments, which are available in the application file for reference, confirm that the subject property is not located within a regulatory Special Flood Hazard Area. The proposed development will comply with the applicable stormwater development standards at EC 9.6791 through EC 9.6797. Erosion prevention outcomes will be evaluated as applicable at the time of building permit. As previously discussed, no referral comments were received from the Eugene Springfield Fire Marshal’s Office. Any Future changes or development on the site that require a Land Use application or building permit will also provide further review by the Fire Marshal’s Office. Based on these findings, EC 9.8090(7) is met. EC 9.8090(8): The proposal complies with all applicable standards, including but not limited to: (a) EC 9.2000 through 9.4170 regarding lot dimensions, solar standards, and density requirements for the subject zone; The applicant’s proposal does not create a new lot or new development that would be subject to review under lot dimension or solar standards. Since the site is zoned C-2 Community Commercial and the established use is RV sales and service, there is no density requirement. Therefore, these standards are not applicable. (b) EC 9.6500 through EC 9.6505 Public Improvement Standards; Staff Report – February 2022 RV Corral (CU 21-1) Page 14 of 20 EC 9.6500 Easements authorizes the City to require dedication of easements for public utilities and access under certain circumstances. The applicant does not propose, nor has Public Works identified the need for additional public easements to address stormwater or wastewater needs for present or future development of the area. EC 9.6505 Public Improvement Standards requires that all public improvements be designed and constructed in accordance with adopted plans, policies, procedures and standards specified in EC Chapter 7. No public improvements are proposed or required of this development. However, all developments are required to make and be served by the infrastructure improvements described below. EC 9.6505(1) Water Supply: EWEB referral comments state no objections to the CUP as the site is currently connected to EWEB water supply. EC 9.6505(2) Sewage: Public Works confirms that the site is currently served by a connection to the public wastewater system. As this section requires connection to the public system and a connection exists, this standard is met. EC 9.6505(3) and (4) Streets, Alleys, and Sidewalks: The subject site has frontage on Highway 99, Dove Lane and Lakewood Court. Highway 99 abutting the site to the east, is classified as a major arterial street. It is fully improved with 74 feet of paving, curb and gutter, sidewalks, streetlights, and street trees within a variable-width right-of-way within the range specified in Table EC 9.6870. Lakewood Court, abutting the site to the south, is classified as a local street. The street was improved adjacent to the site, and subsequently relocated to intersect Highway 99 further to the south. No additional improvements to Lakewood Court right-of-way are required. Dove Lane, abutting the site to the north is classified as a local street. The street was improved with paving, curb and gutter, sidewalks, and streetlights. However, Dove Lane lacks street trees. The paving width of 34 feet and right-of-way width of 50 feet (30 feet and 22 feet as measured from the street center line) are within the ranges specified in Table 9.6870. In order to ensure full improvements within Dove Lane, including street trees, Public Works staff recommends the following condition of approval: • Prior to final site plan approval, the applicant shall submit an irrevocable petition for improvements within Dove Lane to include street trees. EC 9.6505(5) Bicycle Paths and Accessways: No new bicycle paths or access ways are proposed by the applicant. As the site is located in a developed area that is already surrounded by bicycle paths and accessways, no additional dedication or construction is required. Based on the available evidence, the above findings and proposed condition, the standards at EC 9.6500 through EC 9.6505 are met. Staff Report – February 2022 RV Corral (CU 21-1) Page 15 of 20  (c) EC 9.6735 Public Access Required. This standard requires access from a public street be located in accordance with EC 7.420 Access Connections. Referral comments from Public Works staff, incorporated herein by reference, indicate that the proposed development complies with access connection standards. (d) EC 9.6791 through EC 9.6797 regarding stormwater flood control, quality, flow control for headwaters area, oil control, source control, easements, and operation and maintenance; and The above standards are intended to address the impacts of development when it increases stormwater runoff through the creation of new impervious surfaces. Additionally, the standards address the impacts of developments with the potential to add pollutants to stormwater runoff. The applicant proposes to pave a portion of the site that is currently compacted gravel. Referral comments from Public Works staff, incorporated herein by reference, provide analysis of the standards listed above, concluding that they are not applicable or are otherwise met. The referral comments are available in the application file for reference. Based on the available information, this standard is met. It is noted that the proposed paving and any changes to impervious areas, or alterations to the stormwater conveyance system through the building permit process will be subject to additional review and may have requirements associated with the building permit. With the above findings and future permit requirements, staff finds that this standard will be met. (e) EC 9.6800 through EC 9.6875 Standards for Streets, Alleys, and Other Public Ways; The purpose of the standards above is to address the dedication, location, and design of public ways. The subject site is developed with existing buildings and is in an area with a fully developed street system. Referral comments from Public Works staff provide analysis of the standards listed above, concluding that they are either not applicable or an exception is warranted. The referral comments are available in the application file for reference. Based on the available information these standards are met. (f) Where the proposal is to establish non-residential uses subject to residential density requirements on development sites in the residential zone category… The above criterion requires an applicant to address density when non-residential uses that are subject to density requirements are proposed on sites in the residential zone category. The subject site is zoned C-2 Community Commercial and the proposed RV sales and service use is not subject to residential density requirements. Therefore, this standard does not apply. Based on the findings above, EC 9.8090(8) is met or will be met at the time of future permitting. Staff Report – February 2022 RV Corral (CU 21-1) Page 16 of 20  EC 9.8090(9): The proposal complies with the Traffic Impact Analysis Review provisions of EC 9.8650 through 9.8680 where applicable. The anticipated traffic generated by the CUP use does not meet any of the applicability thresholds established in EC 9.8670(1) through (4). The uses do not include an increase building square footage and any changes in use or improvements that generate additional traffic. Anticipated peak hour trips generated will not reach the threshold of 100 or more, there are no documented concerns or analyses to warrant further review, and the site does not front a street in the jurisdiction of Lane County. Based on these findings, a Traffic Impact Analysis Is not warranted. STAFF RECOMMENDATION Based on the available information and evidence and preceding findings of compliance with the CUP approval criteria at EC 9.8090, staff recommends the Hearings Official conditionally approve the request with the conditions listed below: 1. Prior to final site plan approval, the final site plan shall be amended to clearly show what use or uses, such as recreational vehicle display areas, are adjacent to the south and west property lines. 2. Prior to final site plan approval, the applicant shall add the following note to their site plans: “A 10-foot interior yard setback shall be maintained along the south property line. In accordance with EC 2170(4)(c), no recreational vehicle display or new buildings are allowed within this interior yard setback”. 3. Prior to final site plan approval, the applicant shall add the following note to their site plans: “Any new or altered recycling and garbage storage shall comply with EC 9.6740 Recycling and Garbage Screening”. 4. The applicant shall submit an irrevocable petition for improvements within Dove Lane to include street trees. Consistent with EC 9.7330, unless the applicant agrees to a longer time period, within 15 days following close of the public record, the Eugene Hearings Official shall approve, approve with conditions, or deny this Type III application. The decision shall be based upon and be accompanied by findings that explain the criteria and standards considered relevant to the decision, stating the facts relied upon in rendering a decision and explaining the justification for the decision based upon the criteria, standards, and facts set forth. Notice of the written decision will be mailed in accordance with EC 9.7335. Within 12 days of the date the decision is Staff Report – February 2022 RV Corral (CU 21-1) Page 17 of 20 mailed, it may be appealed to the Eugene Planning Commission as set forth in EC 9.7650 through EC 9.7685. Expiration EC 9.7340(2) provides that CUP approvals expire 18 months after the effective date of approval unless actual construction or alteration has begun under a required permit, or in the case of a permit not involving construction or alteration, actual commencement of the authorized activity has begun, unless the decision maker designates otherwise. Attachments The application materials, and the entire application file, are available for review at the Eugene Planning Division offices. The Hearings Official will receive a full set of application materials for review prior to the public hearing. These materials will also be made available for review at the public hearing. Attachment A: Vicinity Map Attachment B: Site Plan FOR MORE INFORMATION: For more information, please contact Nicholas Gioello, Associate Planner, Planning Division, at: (541) 682-5453; or by e-mail, at: NGioello@eugene-or.gov Staff Report – February 2022 RV Corral (CU 21-1) Page 18 of 20  RV Corral Conditional Use Permit (CU 21-1) Vicinity Map Attachment A EM TAFT ST PI R AR EP K DR DOVE LN LAKEWOOD CT Y9 HW 9N Subject Property Caution: This map is based on Taxlots imprecise source data, subject to change, and for general reference only. Eugene UGB ^ Created on 2/16/2022 by City of Eugene Planning Division 0 30 60 Page 19 Ft 120 of 20 N ATTACHMENT B Page 20 of 20