HomeMy WebLinkAboutNotice PLANNER 3/24/2011 • • 21
RECEI\/ED
AFFIDAVIT OF SERVICE MAR 2 4 2011
STATE OF OREGON ) By: x
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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
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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
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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
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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
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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
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