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HomeMy WebLinkAboutNotice PLANNER 5/15/2006 / ~~ '.1 " . r , '" .' AFFIDAVIT OF SERVICE STATE OF OREGON) ) ss. County of Lane ) 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 ~aci~ ~a Pro~ram Tech~,J..Br!p~d caused to be mailed copies of NfJ.fl:f:, ~ ~ ~ ~ (See attachment "A" on S-Ib . 2006 addre~ed to (see Attachment B"), by causing said letters to be placed in a U.S. mail box with postage fully prepaid thereon. KA~~~d~ STATE OF OREGON, County of Lane tf . 2006. Personally appeared the above named Karen LaFleur, echnician, who acknowledged the foregoing instrument to be their voluntary reme: . ~ ~y Commission Expires: ' 1I1/2-/1l, I ' ~-----------------~" OFFICIAL SEAL 1 SANDRA MARX . z NOTARY PUBLIC. OREGON COMMISSION NO 385725 MY COMMISSION EXPIRES NOV 12 2008 ~"."""---"~J':"__''':''''''':::.:''_'_'~~~~'...' ,., ""\)'IJ Notice of Decision - Tree Felling Project Name: Tree Felling - Game Farm Dental Project Proposal: The applicant proposes to remove 13 trees to develop the property with a dental clinic. Case Number: DRC2006-00022 Project Location: 17-03-22-00 Tax Lot 2708 Zoning: Community Commercial (CC) Metro Plan Designation: CC Refinement Plan: Gateway Application Submitted Date: March 15. 2006 Application Accepted as Complete: April 13. 2006 Decision Issued Date: May 15, 2006 Recommendation: Approval with Conditions Appeal Deadline Date: May 30. 2006 Associated Applications: PRE 2006-00026 (Site Plan Game Farm Dental) CITY OF SPRINGFIELD DEVELOPMENT REVIEW TEAM POSITION REVIEW OF NAME I Planner II Land Use Planning Linda Pauly Transportation Planning Engineer Transportation Gary McKenney Public Works Engineering Utilities & Easements Steve Barnes Public Works Engineering Sanitary & Storm Sewer Steve Barnes Deputy Fire Marshall Fire and Life Safety Gilbert Gordon Community Services Manager Building Dave Puent APPLICANT'S DEVELOPMENT REVIEW TEAM I ADDlicant: Carol Schirmer 374 West 4th, SUite 20 I Eugene. OR 9740 I Owner: 3-D Professional Group. LLC 175 West B Street Springfield. OR 97477 PHONE 726-4608 726-4585 736-1036 736-1036 726-2293 726-3668 NATURE OF APPLICATION: The applicant submitted a Type II Tree Felling Application to the City of Springfield requesting approval to fell 13 trees from property located east of Pheasant Boulevard, west of Game Farm Road In Springfield. The property IS more accurately Tree Fellmg DRC2006-00022 described as Tax Lot 2708 on Assessor's Map 1[7-03-22-00. The purpose of the proposed tree felling IS to develop the subject property With alnew commercial land use. The owner has submittal a Pre-submittal application for a Site Plan to develop the property With a dental cliniC. DECISION: Approval, With conditions, as of the date of this letter. Tree Felling and required revegetation must conform to this deCISion. At,the time of this deCISion, the Game Farm Dental Site Plan application has not been submitted. The proposed felling IS warranted by the site development, and the required revegetation will be prOVided through the installation of site plan landscaping Improvements. The tree planting prOVided for the Game Farm Dental Site Plan as approved In the Final Site Plan for that development shall count as the required revegetation to mitigate for the proposed tree felling. Since the site plan has not yet been reviewed or approved, this Tree Felling deCISion has been conditioned to require approval of the Site Plan and completion of the Development Agreement prior to felling. This ensures that the proposed revegetation shown In the Site Plan Will be Installed to mitigate the tree felling. This IS a limited land use deCISion made accordlpg to city code and state statute. Unless appealed, the deCISion IS final. Please read this document carefully. The standards of Springfield Development Code (SDC) Article 38 applicable to each criterion of Tree Felling Approval are listed herein and are satisfied by the submitted plans and notes unless speCifically noted With findings and conditions necessary for compliance. Please note that the review contained herein pertains to Tree Felling only. OTHER USES THAT MAY BE AUTHORIZED BY THE DECISION: None. The proposed use IS permitted In accordance With $prlngfield Development Code (SDC). Final Site Plan, BUilding Plans must conform to thiS deCISion. Other uses permitted In the zone but not listed on the applications require additional review and permits. REVIEW PROCESS: ThiS application IS reviewed under Type II procedures listed In SDC 3.080 and the Tree Felling criteria of approval 38.040 ThiS application was accepted as complete on April 13, 2006. ThiS deCISion IS Issued on th,e 32nd day of the required 120 calendar day review period mandated by the state. , SITE INFORMATION: The approximately 74,052 sq. ft. (1.70 acre) development site IS currently undeveloped. The property IS zoned :Communlty Commercial (CC) by the Springfield Zoning Map, and deSignated CC by the Metro Area General Plan and the Gateway Re(lnement Plan. The northern and southern boundaries of the property abut Community Commercial (CC) zoned land. Land west of Pheasant IS zoned CC:, land east of Game Farm Road is zoned Low DenSity residential (LDR). The eastern prope'1)' line of the site abuts Game Farm Road, a Lane County faCility. Site topography IS relatively lev.el. The land IS vegetated With mature trees and grass. : WRITTEN COMMENTS: Applications for limited Land Use DeCISions require the notification of property owners/occupants wlth'ln 300 feet of the subject property allOWing for a 14 day comment period on the application (SDC 3.080 and 14.030). The applicant and parties submitting written comments dUring the notice period have appeal rights and are mailed a copy of thiS deCISion for conSideration. In accordan~e With SDC 3.080 and 14.030, notice was sent to owner/occupants within 300 feet of the subject site on April 13, 2006. No written comments were received. Tree Fellmg 1 DRC2006-00022 i 2 Mao Site Game Farm Road Harlow Road Pioneer Parkwav Conformance with SDC Article 38 - Tree Felling Standards SDC 38.040 Tree Felling Standards 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 standards of SDC 38.040 (1-8). Finding: The application proposes to fell thirteen trees and to preserve three trees as follows: I I Tree # I I 13 15 17 I 16 117 liS 119 120 121 122 123 124 I I Tree # 12 14 16 Tree Felling I Size (DBH) 166" 140" 149" 39" 72" 2S" 52" 12" 20" 31" 33" liS" I 35" Size 54" 45" 42" Trees to Be Felled Species Acer macrophyllum - Oregon maple Acer macrophyllum - Oregon maple Acer macrophyllum - Oregon maple Acer macrophyllum - Oregon maple Robm/Q pseudoacaCla- Black locust Robm/Q pseudoacaCla- Black locust Acer macrophyllum - Oregon maple PlCea sltchensls - Sltka spruce T axus brevlfolla - Pacific yew Juglans nigra - Black walnut Juglans nigra - Black walnut Pyrus communis - Pear Juglans nigra - Black walnut Trees to Be Preserved Species Acer macrophyllum - Oregon maple Acer macrophyllum - Oregon maple Acer macrophyllum - Oregon maple DRC2006-00022 3 I Springfield Development Code (SDC) Article 380 I 0 (I) states: This Article ensures that tree felling is in accordance with Metro PI,an policies which call for the retention of natural vegetation, natural water features and drainageways, scenic quality, wildlife habitat, and archaeological sites to the maximum extent possible on urbanizable land. The natural amenities of developable properties are to be retained to enhance their future urban use on the Metropolitan Area General Plan, until these properties are ready for urban developm~nt. Significant tree removal is permitted only when specific development plans hav,e been approved by the City, consistent with plan policies and City development ~egulations. Interim removal of trees may be permitted to the extent that such removal does not significantly detract from I the natural and cultural amenities that make a particular site attractive for future development. I Finding: No development plan for this site has been approved by the City. The applicant has I submitted an application for Pre-submittal Meeting for a Site Plan for the Game Farm Dental development (PRE 2006-00026). The Pre-submittal Meeting was held and the application was , deemed Incomplete. At the time of this decIsion, the completed Game Farm Dental Site Plan application has not been submitted. When al complete Site Plan IS submitted, the proposed felling will be warranted by the site developme~t, and the required revegetation will be provided through the installation of site plan landscaping Improvements. The tree planting provided for the Game Farm Dental Site Plan as approved 'In the Final Site Plan for that development shall count as the reqUired revegetation to mitigate for the proposed tree felling. , finding: The felling proposed by the applicant, will remove 13 significant trees. The site IS occupied by a prominent grove of large mature1trees which IS Identified as a natural asset In the Gateway Re(lnement Plan, Natural Assets Map I.; , Condition I : To ensure that the proposed re'vegetatlon shown In sheet TR2 will be Installed to mitigate the tree felling, the applicant shall receive development approval from the City for the Final Site Plan for the Game Farm Dental development, and shall enter Into a Site Plan I Development Agreement With the City, prior to the felling of trees from the site. The I Development Agreement IS required to ensure,that the terms and conditions of the site plan reView, which Include the provision of reqUired! site revegetation, are binding upon both the applicant and the City. ThiS agreement will be prepared by Staff upon approval of the Final Site Plan and mu~t be signed by the property owne~ prior to commencement of tree felling. If a Land Drainage and Alteration Permit IS Issued prior to the signing of the Development Agreement, site grading shall be allowed to co~mence only after tree protection fenCing IS Installed around the drip line of all live trees. I I Finding: As conditIoned, the proposed felling 'IS consistent With SDC 38.0 I 0 (I). I Tree Felling Standard I SDC 38.040 ( I): Whether the conditions of 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. ' 1 finding: The trees on thiS site were evaluated by an ISA Certified Arborlst Nathaniel Sperry In I May, 2003 as part of a study of the Game Farm. Tree Grove contracted by the City. In hiS Tree Felling I I DRC2006-00022 4 report, Game Farm Road Tree Evaluation, May 29, 2002, Mr. Sperry stated "In general this stand of very large trees IS comprised of mature, declining trees with numerous structural and pathogenic problems. Many of the trees were "topped" within the last forty years, which has led to Significant Internal decay and structural defects In the eXisting scaffold limbs, trunks and presumably roots." Mr. Sperry found that "significant hazard Issues are currently present." finding: The proposed felling IS warranted by the proposed construction of the Game Farm Dental site plan Improvements or by the hazardous and unhealthy condition of the trees. Trees # 16 and #23 are located In the interior of the site where bUildings are proposed. Trees # 17, IS, 19, 20, 21 and 22 are located where a parking lot IS proposed. Tree # 7 IS located where the site drrveway IS proposed. Trees # 3 and 5 were Identified as hazard trees In the evaluation, thus felling IS warranted With respect to unsafe conditions. Conclusion: The proposal meets Tree Felling Standard I. Tree Felling Standard 2 SDC 3S.040 (2): 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. The Natural Resources Study, the National Wetlands Inventory, the Sprrngfield Wetland Inventory Map, the Water Quality Limited Waterways Map, applicable refinement plans, the Wellhead Protection Overlay District Map and the list of HistOriC Landmark Sites have been consulted. Finding: The site IS occupied by a prominent grove of large mature trees which IS Identified as a natural asset In the Gateway Re(lnement Plan, Natural Assets Map I. Gateway Re(lnement Plan Natural Assets, Open Space/Scenic Areas, and RecreatIon Element (page 32) addresses the natural and cultural features Within the Gateway Refinement Plan Area. The purpose of the Element is to provide site-specific application of Metro Plan policies and provisions concerning natural resources, including prominent and plentiful vegetation. Gateway Re(lnement Plan Natural Assets, Open Space/Scenic Areas, and Recreation Element, Goal 9 states: Maintain prominent mature vegetation, as shown on the Natural Assets Map on page 39, for its scenic, air filtration, and noise reduction qualities to the greatest degree page 39, for its scenic, air filtration, and noise reduction qualities to the greatest degree practicable. Gateway Re(lnement Plan Natural Assets, Open Space/Scenic Areas, and Recreation Element, Goal 12 states: Acknowledge the importance of trees and other landscape features to the overall image and livability of the Refinement Plan area. Gateway Refinement Plan Goal I states: Provide for development of the Gateway Refinement Plan area that is sensitive to and integrates, to the maximum degree practicable, the multiple functions and values associated with the area's natural assets, open space/scenic areas, and recreation opportunities. Tree Felling DRC2006-00022 5 Gateway Refinement Plan Policy 8.4 states: Thiough the site plan review process, the City shall encourage reasonable retention of ekisting trees, paying particular attention to those inventoried in this Element as prominent and plentiful vegetation. , finding: The significant grove of trees on the site has been evaluated. In 2002, the City Plannmg DIvIsion contracted with two professional consultants to gather the mformatlon needed to assist with decIsion makmg concernmg preservation and/or replacement of these trees. A certified arborlSt, Nathaniel Sperry of Sperry Tree Care, evaluated the health of the trees and prepared an arborlst report, Game Farm Road Tree Evaluation, for the entire grove. Ann Christensen prepared VegetatlOn/Revegetat/(~n Plan for the Game Farm Road Grove to prOVide gUidance for future site development. These reports were made available to the applicant. Finding: The applicant's proposal mamtalns the promment mature vegetation of the site for ItS , sceniC, air filtration, and nOise reduction qualities to the greatest degree practicable, given the site's deSignation for commercial development and given the condition of many of these trees. The plan Will. . Retam three mature Oregon maples along Game Farm Road . Remove dead, unhealthy and hazardous trees . Revegetate the site with 89 new trees Thus, a strong presence of trees, deCiduous and evergreen, Will contmue at this location after the site IS developed. The proposal is consistent with the Gateway Refinement Plan poliCies as they apply to this site development. finding: The applicant's landscape plan to revegetate the site Implements the Tree Preservation/Revegetation Plan for the Game Farm Road Grove for this site. EROSION PROTECTION, SOIL RETENTION AND STABILITY VOLUME OF SURFACE RUN-OFF AND WATER QUALITY OF STREAMS finding: The proposed felling will initially increase the amount and rate of surface runoff when canopy IS removed. , finding: The site Will be subject to landscape disturbance and changes m land cover as It IS converted to more rntenslve urban uses. The loss of tree canopy can be replaced as new , replacement trees mature. I , Finding: The activity of tree removal has the potential to and will likely disturb areas of SOil, which could Impact water quality. The actiVities associated With the tree felling must be performed in accordance With City codes to protect, retarn and stabilize SOil durrng construction. Condition 2: All felling actiVities, mcludlng rngress and egress for the loggrng operations, shall mclude erosion control measures rn conformance With the Engineering DeSIgn Standards and Procedures Manual. IMPACTS TO WILDLIFE HABITAT I I Finding: Local effects of tree loss can be at least partially mitigated by on-site replanting, but the ability to mamtaln contiguous, mature tree ~tands helps conserve Wildlife habitat value. The level of dIsturbance may also degrade habitat value. I I Tree Felling , I DRC2do6-00022 6 PROPOSED TREE RETENTION Finding: The applicant proposes to retam three large, mature eXlstmg trees located along the Game Farm Road frontage. The applicant's site plan (shown m sheet TR I) mdlcates a generous buffer area will be retamed around these eXlstmg trees. The buffer width ranges from 27 feet m 'the north to -42 feet Wide at the south end. This buffer will extend from the Sidewalk along to the eastern edge of the proposed parkmg lot. Finding: The proposed tree retention will retam habitat for urban Wildlife; protect sOils from erOSion, mtercept and retam rainfall to reduce the volume and rate of stormwater runoff; and enhance scenic quality. These trees currently function as street trees and prOVide buffering between the commercial and residential districts. Condition 3: The eXlstmg trees to be retamed shall be clearly flagged, Identified, and protected from damage due to the adJacent tree removal and other site clearing work. All felling and removal actiVities shall be performed m a manner which avoids site Impacts, Includmg but not limited to: soil compaction around trees to be preserved, SOil compaction m the root zones of trees on neighbOring properties, and damage to trunks of trees to be preserved. Any soil and debriS tracked mto the street by vehicles and equipment leavmg the site shall be cleaned up With shovels m a timely manner and not washed mto the storm dram system [SDC 38040(2)]. Condition 4: The Tree Protection Notes on sheet TR I shall be mcluded m the cover sheet of the applicant's final site plan for the Game Farm Dental development and m the Land Dramage and Alteration plans. Conclusion: As conditioned, the tree felling proposal IS consistent With State standards, Metro Plan policies and City ordmances and provIsions affectmg the environmental quality of the area. The proposal meets Tree Felling Standard 2. Tree Felling Standard 3 SDC 38.040 (3): Whether it is necessary to remove trees in order to construct proposed improvements in accordance with an approved development plan, grading permits and construction drawings. Finding: The applicant has not submitted nor received development approval for the Game Farm Dental Site Plan. No gradmg permits or construction plans have been submitted. Condition I requires the applicant to received development approval prior to felling. Conclusion: As conditioned, the proposed tree felling IS necessary to construct site Improvements m accordance With approved development plans. As conditioned, the proposal meets Tree Felling Standard 3. Tree Felling Standard 4 SDC 38.040 (4): In the event that no development plan has been approved by the City, felling of trees shall 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 tree felling approval has been conditioned to require Site Plan approval prior to tree fell mg. Tree Felling DRC2006-00022 7 Conclusion: As conditioned, the proposal meets Tree Felling Standard 4. I I , Tree Felling Standard 5 SDC 3S.040 (5): Whether the applicant's proposed replanting of new trees or vegetation is an adequate substitute for the trees to be' felled. SDC 3S.030 (2) states that an application for a permit to fell trees shall Include: "A description of any plan (Vegetation and Re-vegetation Report) to replace, landscape, or otherwise reduce the effect of the felling ~hat addresses the applicable standards in Section 38.040." PROPOSED REPLACEMENT PLANTING/REVEGETATION Finding: The applicant did not submit a revegetation plan With the tree felling application. The Site Plan application for the Game Farm Dental Site Plan will Include the landscape plan to revegetate the site. This plan has only received, a completeness review thus far. Thus, this tree felling approval has been conditioned to require Site Plan approval prior to tree felling. finding: The applicant's landscape plan proposes to revegetate the site With the following , trees: 1 Quantity 17 2 3 IS 115 14 15 14 14 12 13 12 1 12 II 110 17 189 Size ( callper/ft) 2" 3" 2" 2" 2" 4-5 ft. I Y2" 2" 2" 2" 5" 3" 2" 2" 4-5' 2" Proposed Trees Species Acer macrophyllum - Oregon maple Acer saccharum - Bonfire sugar maple Acer saccharum - Bonfire sugar maple Aesculus carnea - Red 'chestnut Betula )acquemontJ/ - Jacquemontll birch Calocedrus decurrens -: Incense cedar CerCIs canadensIs - Redbud Fraxmus pennsylvanlca 'c'marron' - Clmarron green ash Halesla motlcola - Mo~ntaln sllverbells Pyrus calleryana 'Chanticleer" - Chanticleer pear Quercus rubra - Red oak Quercus rubra - Red oak Quercus rubra - Red o~k Styrax )aponlcus - Japanese snowbell Thu)a pllcata - Western red cedar Tilla tomentosa - Silver linden Total replacement trees to be planted Finding: The applicant's landscape plan will p~ovlde for the revegetation of the site With 89 new trees. A new tree grove Will be established on the site. The retention of the three eXisting mature Oregon maples Will be augmented With' 17 Red oaks, 7 new Oregon maples,S Sugar maples, S red chestnuts, 15 Jacquemontll birch,: 4 Incense cedars, 4 Clmarron ash, 10 Western red cedar and 7 Silver linden. These large canopy trees Will be distributed throughout the developed Site, with a grove of IS trees (lnclud,lng 3 eXisting maples) In the buffer along Game Tree Felling DRC2006-00022 i 8 Farm Road. In addition, 12 smaller flowerrng trees will be added: 5 Redbuds, 4 Mountain sllverbells, I Japanese snowbell, and 2 Callery pears. Finding: The applicant's t~ee replacement plan will retain a strong pres~nce of trees, including deCiduous and evergreen, native and horticultural varretles, on this site. CRITERIA USED TO EVALUATE THE REPLACEMENT PLANTING PROPOSAL SDC Article 38.040 (5) does not establish the review criteria to be used to evaluate replacement planting proposals to determine whether they prOVide "an adequate substitute for the trees to be felled". The SDC does not establish tree replacement formulas or revegetation requirements. Replacement planting ratios for thiS site have been established through the Tree PreservatIon/Revegetation Plan for the Game Farm Road Grove. The applicant's submittal Includes a chart "Game Farm Dental replacement Options" which demonstrates the proposal to Implement the recommendations of the Tree PreservatIOn/RevegetatIon Plan for the Game Farm Road Grove. The applicant's revegetation proposal IS consistent the recommendations contained Within the Tree PreservatIon/RevegetatIon Plan for the Game Farm Road Grove. Finding. As conditioned, the applicant's site plan Will prOVide for the revegetation of the site In I accordance With SDC articles 31 and 32 and consistent With the recommendations In the Tree Preservation/RevegetatIon Plan for the Game Farm Road Grove. MITlGA TlON Finding: Replanting of trees on-site IS a mitigation measure which Will prevent the net loss of tree canopy or forest type from a site. Over the short term, the proposed felling Will reduce tree canopy on the site. The planting of replacement trees has the potential to prevent long- term net loss If: . Mitigation ratio IS at least I ?uccessful new tree for each tree removed. . Replacement species have Similar mature canopy spread. f) Replanting or natural regeneration maintains the mitigation planting In perpetuity (MItigating for Tree Loss, Phytosphere.com). Finding: In general, on-site replanting does not mitigate for loss of mature canopy over the short term (e.g. not until new plantlngs mature). ) Finding: In general, on-site replanting does not mitigate for aesthetiC Impacts associated With the loss of mature trees over the short term. Finding: In general, on-site replanting does not mitigate for loss of habitat values associated With mature trees over the short term. New plantlngs do have habitat values, but these typically differ from those values associated With mature trees and stands. Finding: In general, on-site replanting usually reduces age diverSity of a woodland or grove. Plantlngs typically give rise to even-age stands. New landscaping prOVided by the applicant Will prOVide new trees all at once. The resultant age diverSity of the site's woodland Will be a mixture of 89 young trees and three mature trees. Finding: Condition I reqUires the applicant to enter Into a Development Agreement With the City prror to the felling of trees from the site. The Development Agreement IS reqUired to ensure that the terms and conditions of the site plan reView, which Include the prOVIsion of reqUired site revegetation, are binding upon both the applicant and the City. Tree Felling DRC2006-00022 9 , , I Conclusion: As conditioned, the proposed r~plantlng of new trees on the site IS an adequate substitute for the trees to be felled, therefore t,he proposal meets Tree Felling Standard 5. , Tree Fellldg Standard 6 SDC 38.040 (6): Whether slash left on the property poses significant fire hazard or liability to the City. I Finding: The applicant states that "all slash will be removed from the site." I i Condition 5: Trees and slash shall be remove;d within 72 hours of felling [SDC 38.040 (6)]. Conclusion: As conditioned, the Tree Felling Standard of SDC 38.040 (6) has been met. Tree Fellmg Standard 7 SDC 38.040 (7): Whether the felling is consistent with the guidelines set forth in the Field Guide to Oregon Forest Practices Rules published by the Oregon Department of Forestry as they apply to the northwest Oregon region. Since the reforestation stocking standards given In the Forest PractIces Reforestation Rules are deSigned for commercial timberlands, not urbaA development, and were established to assure continuous growing and harvesting of forest tree species and'the continued productiVity and stabilization of soils, the reforestation portion 6f Felling Standard 7 IS not applicable. Finding: The Tree Felling Standard of SDC 3~.040 (7) has been met. Tree Fellmg Standard 8 I SDC 38.040 (S): Whether transportation ofiequipment to and equipment and trees from the site can be accomplished without a majt;'r disturbance to nearby residents. Condition 6: All felling and bucking shall occur between the hours of 8AM and 5PM Monday through Saturday to limit noise Impacts to the Ilelghbors. The Applicant shall notify the City Planner at the Development Services Department 5 days prior to commencement of the felling actiVity [SDC 38.040 (8)]. I , Finding: As conditioned below, the Tree Felling Standard of SDC 38.040 (8) has been met. I Conclusion: ConSidering these findings of fad:, the proposed tree felling, as conditioned through this decIsion, will be In conformance with the applicable criteria of Springfield Development Code Article 38. ' Conditions of Aooroval: I I The follOWing summary of conditions are the minimum necessary to ensure that the proposed tree felling will be In conformance with the app 'oval criteria of Springfield Development Code Article 38. Tree Felling DRC20 )6-00022 10 ~ Condition I: To ensure that the proposed revegetation shown In sheet TR2 will be mstalled to mitigate the tree felling, the applicant shall receive development approval from the City for the Fmal Site Plan for the Game Farm Dental development. and shall enter mto a Site Plan Development Agreement With the City, prior to the fellmg of trees from the site. The Development Agreement IS required to ensure that the terms and conditions of the site plan reView, which mclude the provIsion of required site revegetation, are bmdmg upon both the applicant and the City. This agreement will be prepared by Staff upon approval of the Fmal Site Plan and must be signed by the property owner prior to commencement of tree fell mg. If a Land Dramage and Alteration Permit IS Issued prior to the signing of the Development Agreement, site gradmg shall be allowed to commence only after tree protection fencmg IS mstalled around the drip Ime of all live trees. Condition 2: All fellmg actiVities, mcludmg mgress and egress for the loggmg operations, shall mclude erosion control measures m conformance With the Engineering DeSIgn Standards and Procedures Manual. Condition 3: The eXlstmg trees to be retamed shall be clearly flagged, Identified, and protected from damage due to the adJacent tree removal and other site clearing work. All felling and removal actiVities shall be performed m a manner which avoids site Impacts. mcludmg but not limited to: soil compaction around trees to be preserved, SOil compaction m the root zones of trees on neighbOring properties, and damage to trunks of trees to be preserved Any sOIl and debris tracked mto the street by vehicles and equipment leavmg the site shall be cleaned up With shovels m a timely manner and not washed mto the storm dram system [SDC 3S.040(2)]. Condition 4: The Tree Protection Notes on sheet TR I shall be mcluded In the cover sheet of the applicant's final site plan for the Game Farm Dental development and m the Land Dramage and Alteration plans. Condition 5: Trees and slash shall be removed wlthm 72 hours of felling [SDC 3S.040 (6)]. Condition 6: All felling and buckmg shall occur between the hours of SAM and 5PM Monday through Saturday to limit nOise Impacts to the neighbors. The Applicant shall notify the City Planner at the Development Services Department 5 days prior to commencement of the felling actiVity [SDC 38.040 (S)]. NOTE: An encroachment permit and a Land Drainage and Alteration Permit may be reqUired for thiS development. The applicant shall not commence any construction actiVities on the site Without an approved Land Dramage and Alteration Permit approved by City Public Works Department. ADDITIONAL INFORMATION: The application, all documents, and eVidence relied upon by the applicant, and the applicable criteria of approval are available for free mspectlon and copies are available at a cost of $0.75 for the first page and $0.50 for each additional page at the D~velopment Services Department, 225 Fifth Street, Springfield, Oregon. APPEALS: If you Wish to appeal thiS Tree Fellmg Approval, a Type II Limited Land Use deCISion, your application must comply With SDC Article 15, APPEALS. Appeals must be submitted on a City form and a fee of $250.00 must be paid to the City at the time of submittal. Tree Felling DRC2006-00022 /I r , ~ The fee will be returned to the appellant If the Jlannlng Commission approves the appeal application. In accordance with SDC 15 020 which provides for a 15 day appeal period and I Oregon Rules of CIVil Procedures, Rule 10(c) f0r service of notice by marl, the appeal period for this deCISion expires at 5:00 p.m. on May 30,12006. I I , QUESTIONS: Please contact Linda Pauly at the City of Springfield Urban Planning DIVIsion If you have questions regarding thiS process. PREPARED BY: Linda Pauly Planner II, 726-460S L Tree Felling , I I I 1 DRC2006-00022 I I /2 , . . . CITY OF SPRINGFIELD DEVELOPMENT SERVICES DEPARTMENT 225 5th ST . SPRINGFIELD, OR 97477 Carol Schirmer 374 West 4th, Suite 201 Eugene, OR 97401 ,J. !aI~"III....11 olIIL !e:.1i. ..1. ......udllo.;.J.iIJ...JloJ..oi .~"iI.~.liI ,II iIi. i/W .10,~. .it;!iU~1 I i..i'~l2.Il.:J .I::i:tiiw ~~L.. ':'.,,,.IlU ,1,bi I ,;J;",j:.....lii.i.i~I,;1 ~~u~ CITY OF SPRINGFIELD DEVELOPMENT SERVICES DEPARTMENT 225 5th ST SPRINGFIELD, OR 97477 ~'U~I~t~""~~..i"':l\~'J.!mIo.:~.........,~"" ~'~lr.I.~J;~rv""~'lol:i.~~''\tM:t'IIoII.Iitn'_'oIh>If~''-'~oIIl.L'I''IJ__.'', 3-D Professional Group, 1LC 175 West B Street Springfield, OR 97477 r~ ~ ~~-v