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HomeMy WebLinkAboutNotice PLANNER 3/24/2011 • • 21 RECEI\/ED AFFIDAVIT OF SERVICE MAR 2 4 2011 STATE OF OREGON ) By: x ) ss. � .[1 0 County of Lane ) / o 7 par I, Karen LaFleur, being first duly sworn, do hereby depose and say as follows: 1. I state that I am a Program Technician for the Planning Division of the Development Services Department, City of Springfield, Oregon. 2. I state that in my capacity as, Program Technician, I prepared and caused to be mailed copies of TYP.211-00003 `1 e '2, , uQ"- - (See attachment "A") on J/a , 2011 addressed to (see 060 Erblerfue.ces Attachment B"), by causing said letters to be placed in a U.S. mail box with postage fully prepaid thereon. KAR LaFLEUR STATE �h OAF OREGON, County of Lane �r ,` � , , 2011. Personally appeared the above named Karen LaFleur, Program Technician, who acknowledged the foregoing instrument to be their voluntary act. Before me: VENDA JON .' NOEMY PUBLIC • OAEGON 41.11' COMMON NO. 424141 My Commission Expires: -1 ,)-tJ/ �' • • SPRINGFIELD Notice of Decision - Site Plan Review 61. Project Name: OBO mixed use Project Proposal: Remove 9 trees to facilitate redevelopment of the site Case Number: TYP211-00003 Project Location: 5175 and 5195 Main Street Tax lot(s): 17-02-33-32#6300 and 6200 Property size: 1.5 acres Base Zone: Community Commercial Overlay District(s): none Metro Plan Designation: Mixed Use Commercial Refinement Plan/Designation: Fast Main/Mixed Use Area #3 Application Submitted Date: February 15,2011 Decision Issued Date: March 24,2011 Appeal Deadline Date: April 8,2011 Other Application(s): TYP211-00002 site plan CITY OF SPRINGFIELD DEVELOPMENT REVIEW TEAM POSITION REVIEW OF NAME PHONE Project Manager Planning Steve Hopkins 726-3649 Transportation Planning Engineer Transportation Michael Liebler 736-1034 Public Works Civil Engineer Utilities,Sanitary & Clayon Public Works Eli Storm Sewer Mceachern 736-1036 Deputy Fire Marshall Fire and Life Safety Gilbert Gordon 726-2293 Community Services Manager Building Dave Puent 726-3668 APPLICANT'S DEVELOPMENT REVIEW TEAM Owner Representative: Nick Boyles Kristen Taylor OBO Enterprises LLC TBG Architects 1390 Grosbeak Court 132 E Broadway,Suite 200 Redmond OR 97756 Eugene OR 97401 Case No. TYP2 f 1-00003 OBO Page 1 of 5 • • t , . i I ' , I ...=-. - .,y,' � �-�. i — -- - — _ -t k•;• { r ■T s $ r 6200 ..r `A � # — 6300 •� ''_.:'4-"-' -1 -r*} e f'. - i� r �' S �:, 1 .4 523 j 9161 ''., V 1 _ - = . .t• .,.! ._ 4,-- `'* :ullif is , •- c . .b1 .S.. i fi,,_.- --M _- I ,^..1 r1 114 1,I Summary of proposal: The site is zoned Community Commercial and contains 1.5 acres. There are 13 trees on the site or within the right of way adjacent to the site. The applicant has proposed removing 12 of these trees. The remaining tree is a 6" maple in the right of way at the SE corner of the site. The 3" cedar in the right of way at the SW corner of the site will be removed. That tree does not fall within the scope of this review because it has a diameter of less than 5". A site plan for a commercial/residential mixed use development was submitted concurrently with this tree felling application. Decision: Tentative Approval with conditions, as of the date of this letter. The standards of the Springfield Development Code (SDC) applicable to each criterion of approval are listed herein and are satisfied by the submitted plans and notes unless specifically noted with findings and conditions necessary for compliance. This is a limited land use decision made according to city code and state statutes. Unless appealed, the decision is final. Please read this document carefully. Case Na, TYP2 1 1-00003 080 Page 2 of 5 • • Other Uses Authorized by the Decision: None. Future development will be in accordance with the provisions of the SDC, filed easements and agreements, and all applicable local, state and federal regulations. Review Process: These applications are reviewed under Type II procedures listed in SDC 5.1- 130. Procedural Findings: • Applications for Limited Land Use Decisions require the notification of property owners/occupants within 300 feet of the subject property allowing for a 14 day comment period on the applications (SDC Sections 5.1-130 and 5.2-115). The applicant and parties submitting written comments during the notice period have appeal rights and are mailed a copy of this decision for consideration. • Notice was sent to adjacent property owners/occupants within 300 feet of the subject site on February 22, 2011. No comments were received. • On March 15, 2011, the City's Development Review Committee reviewed the proposed plans. City staff's review comments have been reduced to findings and conditions only as necessary for compliance with the Tentative Site Plan Criteria of Approval contained in SDC 5.17-125. This decision was issued on the 37th day of the 120 days mandated by the state. Comments Received: No written comments were received. 5.19-125 Tree Felling Approval Criteria The Director, in consultation with the Public Works Director and the Fire Chief shall approve, approve with conditions or deny the request based on the following criteria: A. Whether the conditions of the trees with respect to disease, hazardous or unsafe conditions, danger of falling,proximity to existing structures or proposed construction, or interference with utility services or pedestrian or vehicular traffic safety warrants the proposed felling. Finding: No evidence has been presented that the trees are hazardous or diseased. B. Whether the proposed felling is consistent with State standards, Metro Plan policies and City Ordinances and provisions affecting the environmental quality of the area, including but not limited to,the protection of nearby trees and windbreaks;wildlife; erosion, soil retention and stability;volume of surface runoff and water quality of streams; scenic quality;and geological sites. Finding: The applicant is proposing to remove 12 trees to facilitate redevelopment of the site. No evidence has been presented that removal of the trees would negatively affect the environmental quality of the area. Case No. TYP2 I 1-00003 080 Page 3 of 5 • • C. Whether it is necessary to remove trees in order to construct proposed improvements as specified in an approved development plan,grading permits and construction drawings. Finding: A site plan for a commercial/residential mixed use development (TYP211-00002) was submitted concurrently with this tree felling application. That site plan requires removal of these trees. Revision of the site plan to retain the trees would not allow full development of the site. D. In the event that no Development Plan has been approved by the City,felling of trees will be permitted on a limited basis consistent with the preservation of the site's future development potential as prescribed in the Metro Plan and City development regulations, and consistent with the following criteria. Finding. This is not applicable. A site plan for a commercial/residential mixed use development (TYP211-00002)was submitted concurrently with this tree felling application. E. Whether the applicant's proposed replanting of new trees or vegetation is an adequate substitute for the trees to be felled. Finding; In accordance with SDC 5.19-125(E),replacement trees are required and shall be an adequate replacement for the trees to be felled. It is not possible to replace the large trees (30" walnut,36" maple,28" cedar)with trees of similar size. However,the landscape plan submitted with the site plan contains more than five dozen trees of various species (maple, dogwood,ash,locust). All trees will be a minimum of 2" caliper or 4 feet tall when planted. F. Whether slash left on the property poses significant fire hazard or liability to the City. Finding.No slash will be left on site. G. Whether the felling is consistent with the guidelines specified in the Field Guide to Oregon Forestry Practices Rules published by the State of Oregon,Department of Forestry, as they apply to the northwest Oregon region. Finding: This tree felling is not part of a commercial forest management activity. H. Whether transportation of equipment to and equipment and trees from the site can be accomplished without a major disturbance to nearby residents. Finding.The felling will be done in coordination with the redevelopment of the site. No major disturbance is anticipated outside of typical construction activity. DETERMINATION: Based on the evidence in the record, the Director determines the tree felling complies with SDC 5.19-125(4RHM,as submitted. Case No.TYP2 I 1-00003 080 Page 4 of 5 • Additional Information: The application, all documents,and evidence relied upon by the applicant, and the applicable criteria of approval are available for free inspection and copies are available for a fee at the Development Services Department, 225 Fifth Street,Springfield, Oregon. Appeal: This Type II Tentative decision may be appealed to the Planning Commission. The appeal may be filed with the Development Services Department by an affected party. The appeal must be in accordance with SDC, Section 5.3-100, Appeals. An Appeals application must be submitted to the City with a fee of$250.00. The fee will be returned to the appellant if the Planning Commission approves the appeal application. In accordance with SDC 5.3-115(B) which provides for a 15-day appeal period and Oregon Rules of Civil Procedures, Rule 10(c) for service of notice by mail, the appeal period for this decision expires at 5:00 p.m. on April 8,2011. Questions: Please call Steve Hopkins in the Planning Division of the Development Services Department at (541) 726-3649 if you have any questions regarding this process. Prepared by: Steve Hopkins, AICP Planner II Development Services- Urban Planning Division Case No. TYP2I I-00003 OBO Page 5 of 5 • • SPRINGFIELD CITY OF SPRINGFIELD, OREGON DEVELOPMENT SERVICES PLANNING DEPARTMENT 225 FIFTH STREET SPRINGFIELD, OR 97477 Nick Boyles OBO Enterprises LLC 1390 Grosbeak Court Redmond, OR 97756 SPRINGFIELD CITY OF SPRINGFIELD, OREGON DEVELOPMENT SERVICES ter PLANNING DEPARTMENT 225 FIFTH STREET SPRINGFIELD, OR 97477 Kristin Taylor TBG Architects 132 E Broadway, Suite 200 Eugene, OR 97401 • AFFIX