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HomeMy WebLinkAboutNotice PWS 8/22/2003 . ~ CITY OF SPRINGFIELD DEVELOPMENT SERVICES DEPARTMENT Limited Land Use Decision DATE OF LETTER August 22, 2003 JOURNAL NUMBER SUB2003-00022 SURVEYOR/ENGINEER SS&W Inc. 2350 Oakmont Way Suite 105 Eugene, OR 97401 OWNER City of Springfield 225 Fifth Street Springfield, OR 97477 Descriotion of Prooosal: An application for Tentative Partition was submitted to the Springfield Planning Division on May 15, 2003, for property located west of Game Farm Road, east of Pheasant Blvd. in Springfield. The application was accepted as complete on June 11, 2003.The property IS more accurately described as tax lot 2701L Assessor's Map 17-03-22 (Detail Map No.1), Parcel 1 of Partition Plat 94-P0453. The applicant proposes to divide one 3.68 acre parcel of land in the Community Commercial (CC) District Into two individual parcels. Decision: Tentative Partition Approval, with conditions, as of the date of this letter. This is a limited land use decision made according to city code and state statute. Unless appealed, the decision is final. Please read this document carefully. Written Comments: limited land Use Decisions require the notification of property owners/occupants within 100 feet of the proposed development and allow for a 14-day , comment period prior to the staff decision. No written comments were received. Other Uses That Mav Be Authorized Bv The Decision: None. The proposed Partition as conditioned is in accordance with SDC Article 34. The review contained herein pertains to Partition Tentative approval only. Partition Tentative journal Number SU82003-00022 ""'-.J ~ (~ ~ t . . :a. Site Information and Context: The subject property is located between Game Farm Road South and Pheasant Blvd. inside the Springfield City Limits. The total site area is 3.68 acres and is further identified as Parcel 1, created by a Partition approved by the City in 1994 (Journal Number 1993-09-148). The property is designated Community Commercial (CC) by the Metro Area General Plan, and the Gateway Refinement Plan, and zoned CC by Springfield. The eastern property line of the site abuts Game Farm Road, and the western property line abuts Pheasant Blvd. Adjacent properties to the north are zoned Low Density Residential (LOR). Properties to the south are zoned CC. MaD Site Game Farm Road Harlow Road Pioneer Parkway Proposed Parcel 1 contains a Springfield Fire Station at 2705 Pheasant Blvd. Proposed Parcel 2 IS vacant. Site topography is flat. Site soils are mapped as both Salem-Urban Land Complex and Malabon-Urban Land Complex in the Soil Survey of Lane County Area. Permeability of these soils is moderate to moderately slow. The depth to groundwater for the site IS greater than 6 feet. The property is within the Zone of Contribution for the Sport Way Wellhead, but is outside the 20 year time of travel zones. The site is occupied by a prominent grove of large mature trees. This grove, which extends onto the adjacent property to the south, is identified as a natural asset in the Gateway Refinement Plan, Natural Assets Map 1. The property was the site of a house that was on the Oregon Inventory of Historic Properties. Tentative Partition Plan Criteria of Approval: Section 34.050 of the Springfield Development Code (SDC) states: The Director shall approve, approve with conditions or deny the request based on the following criteria: Part/tJon Tentative Journal Number SUB2003-00022 2 01 . . Criterion of Aooroval 1 The request fully conforms to the requirements of this Code pertaining to parcel size and dimensions. SDC 18.030 states: The minimum lot size In all commercial distncts shall be 6,000 square feet with a minimum of 50 feet of street frontage. Finding 1: The lot sizes proposed by the applicant are Parcel 1 - 86,364 square feet (1.98 acres) Parcel 2 - 74,209 square feet (1.70 acres) Finding 2: Parcel 1 will have approximately 197.97 feet frontage on Game Farm Road and 322.48 feet of frontage on Pheasant Blvd. Parcel 2 will have approximately 211.17 feet of frontage on Game Farm Road and approximately 210.60 feet of frontage on Pheasant Blvd. Finding 3: The parcel sizes and frontage of the proposed lots are in conformance With SDC 18.030. Cnterion 1 has been met. Finding 4: Since the property is not within an LDR or MDR Zoning District, the Solar Access standards of SDC 34.010 do not apply to this proposal. The fire station on proposed Parcel 1 was reviewed through the site plan review process (Jo. No. 1994-12- 0249). Solar access standards were addressed at that time. Solar access standards do not apply to Parcel 2. Criterion of Aooroval 2 The zoning IS consistent with the Metro Plan diagram and/or applicable refinement plan diagram. Finding 5: The Eugene/Springfie/d Metro Area Genera/ Plan and the Gateway Refinement Plan deSignate the subject property as Community Commercial (CC). The property IS zoned CC by the Springfield Zoning Map. The proposed partition would create two parcels in conformance with the CC designation; therefore, Criterion 2 is fulfilled. Criterion of Aooroval 3: Proposed on-site and off-site public and private improvements are sufficient to accommodate the proposed development as specified in Article 31, 32, the appropriate zoning and/or zoning overlay District Article and any applicable refinement plan. STREETS - PUBLIC SDC 32.020 (1 )(b) states: II All lots and developments shall have approved access to a public street unless a joint use/access agreement has been approved by the City Attorney. Partition Tentative Journal Number SUB2003-00022 3 . . ~ Development approval shall not be granted where a development will create dangerous or hazardous traffic conditions." Finding 6: The proposed development will be served from the existing public street system. No new streets are proposed. Access to the eXisting fire station is from Game Farm Road and Pheasant Blvd. Parcel 2 has frontage on both streets. Finding 7: Game Farm Road and Pheasant Blvd. have urban improvements including curb/gutter and sidewalk along the sides abutting the partition site. Finding 8: The City Traffic Planning Engineer has determined that there are no significant transportation issues With this partition application. STREET TREES Finding 9: Street trees will be required at the time of Site Plan Review. Existing trees preserved along Game Farm Road will be counted towards the street tree requirement if excavation or filling IS minimized within the dripline of the tree. STREET LIGHTING STANDARDS SDC 32.060 (2) states: "Street lighting shall be included with all new developments. Existing street lights shall also be upgraded to current lighting standards with all developments as determined by the Public Works Director. The developer shall be responsible for lighting installation costs." Finding 1 0: Nighttime automobile accidents are reduced when streets are properly illuminated. Finding 11: City of Springfield deSign standards call for street lighting on local streets in commercial districts to provide 0.9 foot-candles average illumination. 135-watt LPS street lights spaced at 220 feet would provide this lighting level. Finding 12: Street lighting exists adjacent to the fire station property on both adjacent streets. Additional street lighting may be required when Parcel 2 IS developed. SANITARY SEWERS AND SEWER EASEMENTS SDC 32.100 (1) states, "...sanitary sewers shall be installed to serve each new development and to connect the developments to new mains. Installation of sanitary sewers shall comply with the provisions of this code, the Standard Construction Specifications, Chapter 2 of the City Code, and the Department of EnVironmental Quality regulations.. ." SDC 32.100 (3) states: "Proposed sewer systems shall include design consideration of additional development within the area as projected by the Metro Plan." PartitIon Tentative Journal Number SUB2003-00022 I I 4 ~ . . SDC 32.100 (2) states: "The City Engineer shall approve all sanrtary sewer plans and proposed systems prior to development approval." SDC 34.030(l)(K) requires the Preliminary Partition Plan to show: . location and size of existing and proposed utilities and necessary easements and dedications on and adjacent to the site, Including sanitary sewer mains; and . the location, widths and purpose of all eXisting or proposed easements on and abutting the proposed partition. Finding 13: This criterion is satisfied because the City Engineer has determined that the applicant has shown compliance with the SDC 32.100 requirements. STORM DRAINAGE AND DRAINAGE EASEMENTS SDC 32.110 (2) states: "The Approval Authority shall grant development approval only where adequate public and/or private storm water management systems provisions have been made as determined by the Public Works Director, consistent with the Engineering DeSIgn Standards and Procedures Manua/. The storm water drainage system shall be separated from any sanitary sewer system. Surface water drainage patterns shall be shown on every Preliminary Site Plan, or Tentative Partition or Subdivision Plan." SDC 32.110 (3) states: "A storm water management system shall accommodate potential run-off from its entire upstream drainage area, whether inside or outside of the development. The Public Works Director shall determine the necessary size of the facility, based on Public Facility Plans and adopted Master Plans, assuming the maximum potential watershed development permitted by the Metro Plan. The developer shall pay a proportional share of the cost according to adopted City Council policy." SDC 32.110 (4) states: "Run-off from a development shall be directed to an approved storm water management system with sufficient capacity to accept the discharge." Finding 14: There is an existing storm drainage system that directs on-site runoff to the existing City storm sewer system. Finding 15: The City Engineer has determined that the storm drainage system is in conformance with SDC 32.110 and that the Tentative Partition Plan meets the drafting requirements of SDC 34.030 (1 )(1). Finding 16: The capacity in the public storm water system at this site has limited capacity. When Parcel 2 is developed, the storm water run-off rate shall be no more than the current, pre-developed rate. UTILITIES SDC 32.120 (1 )(a) and (b) state: "All utility providers will be responsible for coordinating utility installations with the City and the developer", and "the developer shall be Partition T entatlve Journal Number SUB2003-00022 5 . . ~ responsible for the design, installation, and cost of utility lines and facilities to the satisfaction of the utility provider." WATER SERVICE SDC 32.120 (3) states: "Each development area shall be provided with a water system having sufficiently sized mains and lesser mains to furnish adequate supply to the development. Fire hydrants and mains shall be installed by the developer as required by the Fire Marshall and the utility provider." Finding 17: The Springfield Utility Board (SUB) currently provides water service to the site. Water is available to serve future development on P~:ll 2 from an eXisting 16" line In Pheasant Boulevard and 6" line on the east side of 0e ~f\ric:,~ I L~ Finding 18: Backflow prevention devices wil:1 be required when Parcel 2 is ~Ioped. . Please contact Chuck DaVIS at SUB Water Oi.vision, (746-2396) pnor to installing water service for assistance with selection of the most economical device and location. Water service will not be provided until a backflow plan has been submitted to SUB Water Engineering and approved for installation. ELECTRIC SERVICE Finding 19: Electric service is available to serve future development on Parcel 2 and will be provided underground by the Springfield Utility Board (SUB). UTILITY EASEMENTS SDC 32.120 (5)(a) requires PUE's adjacent to street rights of way to be 7 feet. Finding 20: The applicant shows PUE's along Game Farm Road and Pheasant Blvd nght of way demonstrating compliance with SDC 32.120(5)(a). SDC 34.030( 1 )(K) requires the Preliminary Partition Plan to show the location and size of existing and proposed utilities and necessary easements and dedications on and adjacent to the site, including sanitary sewer mains, storm water management systems, water mains, power, gas, telephone, and cable TV ' Finding 21: The applicant has demonstrated compliance with SDC 34.030( 1 )(K) for easements. SDC 34.030( 1 )(L) requires the applicant to show the locations, widths and purpose of all existing or proposed easements on and abutting the proposed partition. Finding 22: The application shows compliance with SDC 34.030(1 )(L) for easements. Finding 23: SUB has requested the following Public Utility Easements (PUE) for this development: PartItIon T entaUve Journal Number SUB2003-00022 6 . . 1. A 10-foot Public Utility Easement PUE along the entire south property line of Parcel 2. 2. Seven-foot street-side PUE's Contact person: Ed Head at SUB 726-2395. Criterion of ADDroval 4: Parking areas and ingress - egress points have been designed to: facilitate vehicular traffic, bicycle and pedestrian safety to avoid congestion; provide connectivity within the development area and to adjacent residential areas, transit stops, neighborhood activity centers, and commercial, industrial, and public areas; minimize curb cuts on arterial and collector streets as specified in Articles 31, 32, the appropriate zoning and/or zoning overlay District Article and any applicable refinement plans; and comply with ODOT access management standards for state highways. SDC 32.080 (3)(b) states: "Driveways shall be designed to allow safe and efficient vehicular ingress and egress in accordance with Tables stated in the Code," and: "Driveway wIdths and throat depths may be varied if no other reasonable alternative exists to accommodate on-site development needs and traffic safety IS not impaired." Finding 24: Parcel 1 has been fully developed through site plan review by the City of Spnngfleld to meet this criterion. Finding 25: Parcel 2 will be conditioned to meet this criterion when It is developed through site plan review by the City of Springfield. SIDEWALKS and ACCESSWAYS Transp/an TSI Pedestrian Policy #2 - Continuous and Direct Routes, states: "Provide for a continuous pedestrian network with reasonably direct travel routes between destination pOints." ThiS policy supports an active program to develop pedestrian pathways (e.g. sidewalks), especially in proximity to major activity centers. A continuous pedestrian network is free of gaps and dead ends and overcomes phYSical barriers that inhIbit walking. Direct routes between destination pOints are important because out-of-dlrection travel discourages walking. "Reasonably direct" means either a route that does not deviate unnecessarily from a straight line or a route that does not involve a significant amount of out-of-direction travel for likely users. Metro Plan Transportation Element Objective 8 states: "Promote land use arrangements which optimize use of existing and planned transportation facilities and services and will allow for choice in using alternative transportation modes." Metro Plan Transportation Element Policy 5 states: "New developments shall include consideration of improvements which would accommodate urban public transit and other alternative modes." Paruuon TentaTIve Journal Number SUB2003-00022 7 . . .. Transplan Land Use Policy #4 Multi-modal Improvements in New Development states: "Require improvements that encourage transit, bicycles, and pedestrians in new commercial, public, mixed-use, and multi-unit residential development." TranPlan TSI Pedestrian Planning and Program Actions 1.6 and 1.7 states: "Require that on-site pedestrian systems connect with adjoining properties and the external pedestrian system;" and "Require developers to provide adequate internal pedestrian circulation facIlities within new subdivIsions, multi-family developments, planned developments, shopping centers and commercial districts." (Ch 3, p.93) TranPlan TSI Pedestrian Planning and Program Action 1.8 states: "Provide paved pedestrian walkways between new commercial and residential developments and neighborhood activity centers (e.g. Schools, parks, shopping areas, transit stops, and employment centers) and adjacent residential areas and transit stops and neighborhood activity centers within one half mile of the development. Specific measures Include constructing walkways between buildings, and providing direct access between adjacent uses." SDC 32.020 (1 )(a) 1. S states: "The layout of streets should not create excessive travel lengths, particularly for pedestrians and cyclists. Slock lengths should not exceed 600 feet where practicable." ~ SDC 32.040 (1 )(c) states: "Sidewalks and access ways shall be located to provide safe, convenient and direct access for pedestrians and bicyclists to adjacent residential areas; transit stops; neighborhood activity centers, including schools, parks, shopping centers, and other commercial and industrial areas; or where required by adopted plans. The Director shall require the dedication as public right of way and Improvement of access ways to connect cul-de-sacs, or to pass through blocks." Oregon Administrative Rule 660-012-0055 requires cities and counties to adopt land use and subdivision ordinances or amendments required by OAR 660-12-0045(3), (4)(a)-(e) and (5)(d) by May 8, 1994. Affected cities and counties which do not have acknowledged ordinances addressing the requirements of this section by this deadline shall apply OAR 660-12-0045(3), (4)(a)-(e) and (5)(d) directly to all land use decisions and all limited land use decIsions. Since Springfield has not amended the Springfield Development Code to reflect all of these mandated regulations, the standards of the OAR must be directly applied to this limited land use decision. Oregon Administrative Rule (OAR) 660-012-0045(3) requires safe and convenient connections between residential districts, employment centers and transit stops. Pedestrian connection, as defined In the OAR Transportation Planning Rules, means a continuous, unobstructed, reasonably direct route between two points that IS intended and suitable for pedestrian use. Pedestrian connections Include but are not limited to sidewalks, walkways, access ways, stairways and pedestrian bridges. Gateway Refinement Plan Transportation Element 25.2 states: "Provide for transit, bicycle, and pedestrian facilities as part of new retail and office commercial development." Partition Tentative Journal Number SUB2003-00022 8 . / Finding 26: Sidewalks currently exist along the property's Game Farm Road and Pheasant Blvd. frontage. Finding 27: Pedestnan walkways connecting future development on the partition site to the public sidewalk will be required at Site Plan Review. Finding 28: The eXisting block length between Harlow Road and Oakdale Street exceeds 1000 feet. Pedestrians currently take a short cut via the dnveway to the south of the site and across tax lots 2704 and 2701. This well-worn trail across the vacant properties represents a "desire line" which indicates that public sidewalks do not currently provide direct travel routes between destination points: bus stops and commercial development on Game Farm Rd. and residential neighborhoods to the northwest. Finding 29: Staff recommends that a through-block connection reserve area between Game Farm Road and Pheasant Boulevard be established when Parcel 2 is developed. The developers of that parcel have been advised of the need for this connection at their Pre- Application meeting with City staff. The pedestrian access way should be constructed along the south property line. This proposal would allow public pedestrian access between the future commercial development site and adjacent residential areas and neighborhood activity centers. This information is included to assist the owners of the Parcel 2 with their future site planning and development plans. Criterion of Approval 5 Physical features, including, but not limited to significant clusters of trees and shrubs, watercourses shown on the WQLW Map and their associated riparian areas, wetlands, rock outcroppings and historic features have been evaluated and protected as required by this Code. SIGNIFICANT CLUSTERS OF TREES Finding 30: A significant cluster of trees is located on the Partition site. The property partially encompasses a grove of mature trees that is identified as a natural asset in the Gateway Refinement Plan. The trees are labeled "other prominent vegetation" on Natural Assets Map 1. Cnterion 5 requires evaluation and protection of this signrficant cluster of trees as required by this Code. SDC 34.070 (9) states that conditions of approval may be placed on the Tentative Plan to the extent necessary to retain and protect existing physical features and their functions, including significant clusters of trees and shrubs, by: a) Re-vegetation, including but not limited to trees and native plants; c) Restoration of native vegetation; e) Relocating the proposed development on another portion of the site; f) Reducing the size of the proposed development; and/or Partition Tentative Journal Number SUB2003-00022 9 . . ... g) Mitigation of the loss of physical features caused by the proposed development with an equivalent replacement either on site or on an approved site elsewhere within the City's jUrisdiction, as approved by the Director. Refinement Plan Goal 1 states: "Provlde 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/scenrc areas, and recreatIon opportunities." Refinement Plan Policy 8.4 (page 37) states: "Through the site plan review proce'ss, the City shall encourage reasonable retention of existing trees, paYing particular attention to those inventoried in this Element as prominent and plentiful vegetation." Background: To Implement the Gateway Re~inement Plan policy, it was necessary to assess the health of the trees to make a determination about how best to "maintain prominent mature vegetation for its scenrc, air filtration, and noise reduction qualities to the greatest degree practicable" (Gateway Refinement Plan Natural Assets, Open Space/Scenic Areas, and Recreation Element, Goal 9). To assist in the Implementation of the refinement plan goal and policy, the City Planning Division contracted with two professional consultants to gather the information needed to assist with decision making concerning pres~rvation and/or replacement of the trees. A certified arborlst, Nathaniel Sperry of Sperry Tree Care, evaluated the health of the trees and prepared an arborist report, Game Farm Road Tree Evaluation, for the entire grove. Ann Christensen prepared VegetatIon/Revegetation Plan for the Game Farm Road Grove to provide gUidance for future site development. Finding 31: The slgnrficant clusters of trees on the site have been evaluated. A certified arborlst, Nathaniel Sperry of Sperry Tree Care, evaluated the health of the trees and prepared an arborist report, Game Farm Road Tree Evaluation, for the entire grove. Ann Christensen prepared Vegetation/RevegetatIOn Plan for the Game Farm Road Grove to prOVide guidance for future site development. Finding 32: Since Partition Criterion of Approval 5 reqUires protection of this slgnrflcant cluster of trees as required by this Code, and since the reasonable retention of trees in the Game Farm Road Grove will be required through the site plan review process, pursuant to Gateway Refinement Plan Policy 8.4, the presence of the signrflcant trees represents a spatial restraint to future development on the site and thus has a relevant bearing on this Partition decision. Since the City may require the retention of healthy specimen trees Identified in the Game Farm Road Tree Evaluation, and will require replacement of unhealthy trees to be removed in the same general area of the property, in conformance with the Vegetation/Revegetation Plan for the Game Farm Road Grove, future development of the site will need to adhere to tree protection standards to accommodate the protected grove of trees. This condition is the minimum necessary to protect the identified Natural Asset during and after development occurs and to ensure the continued presence of the Game Farm Road Grove. PartJtJan Tentative Journal Number SUB7003-00022 10 . . r Condition of Approval: Since this partition reduces site design flexibility options for locating commercial development on the site while retalnrng the slgnrficant natural resource values on the site Identified In the Gateway Refinement Plan, the applicant shall agree to: 1 Implement the Tree PreservatIon/RevegetatIon Plan for the Game Farm Road Grove on the Parcel at time of Site Plan Review, and ensure that future development of the site shall be located and constructed In accordance with the Tree PreservatIon/RevegetatIon Plan for the Game Farm Road Grove; AND 2. Submit a Tree Felling Permit application for City review and approval pnor to removing any signrflcant tree and ensure that no trees shall be cut from the Grove without the express consent of the City of Spnngfleld through the permit review process Finding 33: The site is not adjacent to any watercourse shown on the WOLW Map or associated riparian areas. The site does not contain inventoried wetlands or rock outcropplngs. Finding 34: There are no inventoried histonc features or archeological sites located on the development sIte. If any artifacts are encountered dunng construction, there are state laws that could apply, ORS 97.740, ORS 358.905, and ORS 390.235. If human remains are discovered dunng con~tructlon it is a Class 'c' felony to proceed under ORS 97.740. Finding 35: As conditioned in this deCision, the physical features, including, but not limited to Significant clusters of trees and shrubs, watercourses shown on the WOLW Map and their associated riparian areas, wetlands, rock outcropplngs and historic features have been evaluated and protected as required by thiS Code. Criterion of Approval 5 has been met. Criterion of Approval 6 The proposed development and associated site alterations have been designed and located in a manner that demonstrated that they will protect the state and federally designated beneficial uses of and standards for groundwater and surface water quality on and/or adjacent to the site and will ensure that state anti-degradation requirements are met. STORMWATER QUALITY SDC 32.110 (5) states: JJ A development shall be required to employ drainage management practices approved by the Public Works Director and consistent with Metro Plan poliCies which minimize the amount and rate of surface water run-off into receiving streams. The following drainage management practices may be required In order to relieve demand on the CIty's piped drainage system and to alleviate future costs of treating the piped discharge; to promote water quality, to preserve groundwater and the vegetation and rivers It supports, and to release peak storm flows: a) Temporary ponding of water; b) Permanent storage basins; c) Minimizing impervious surfaces; Partition TentatIve Journal Number SUB2003-00022 I I . . .. d) Emphasizing natural water percolation and natural drainage ways; e) Preventing water flowing from the roadway in an uncontrolled fashion; f) Stabilizing natural drainage ways as necessary below drainage and culvert discharge points for a distance sufficient to convey the discharge without channel erosion; g) On-site filtration or skimming of run-off, which will enter natural drainage ways to maintain water quality; and h) On-site constructed wetlands. Finding 36: Drainage management best practices also implement Metro Plan Environmental Resources Element Policy 22, and are an intenm step toward addressing City's responsibilities under the Endangered Species Act 4(d) Rules, the Clean Water Act, and the Safe Drinking Water Act. Finding 37: Storm water quality measures apply to any development with new pavement areas In excess of 5,000 square feet. Finding 38: Storm water runoff from the development site will enter the public storm drain system and the McKenzie and Wlllamette Rivers, thus discharges of pollutants have the potential to adversely affect water quality. Finding 39: Pollutants of concern are: heavy metals (cadmium, chromium, copper, lead, nickel, aluminum, manganese, iron and zinc), toxic organrcs, nutnents (pnmanly nrtrates and phosphorus), pesticides, other organrcs such as polycyclic aromatic hydrocarbons (PAH), salts and microorganisms (bactena and viruses), suspended solids, and temperature. Finding 40: The existing fire station storm water quality measures were approved through site plan review. Future development on Parcel 2 will be subject to storm water quality measures If the new impervious surface area exceeds 5,000 square feet. Finding 41: The City Public Works Engineer has determined that the eXisting drainage system provides adequate pretreatment for soluble pollutants storm water runoff. WELLHEAD PROTECTION Finding 42: According to the City's Wellhead Protection Maps, the subject site is within the boundaries of the Drinking Water Protection (DWP) Overlay District. Specifically, the property is within the Zone of Contribution for the Sports Way Wellfield, but the property is located outside the 20 year Time of Travel Zone (TOTZ). ) Finding 43: The proposed partition does not change the existing conditions that have been designed and located in a manner that demonstrates that they will protect the state and federally designated beneficial uses of and standards for groundwater and surface water quality on and/or adjacent to the site and will ensure that state antidegradation requirements are met. PartItion Tentative Journal Number SUB2003-00022 12 r . . Criterion of ApDroval 7: Development of any remainder of the property under the same ownership can be accomplished in accordance with the provisions of this Code. Finding 44: Parcel 1 is fully developed. A future development plan has been submitted with the application, illustrating a possible site plan proposal for Parcel 2. Future development of Parcel 2, currently under the same ownership, will not be impeded by the Partition, therefore Criterion 7 has been met. Criterion of Approval 8: Adjacent land can be developed or is provided access that will allow its development in accordance with the provisions of this Code. Finding 45: Access to and development of adjacent land is not Impeded by this Partition, therefore, Critenon 8 has been met. Criterion of Aporoval 9: When there is not concurrent annexation application with a Partition Tentative Plan on property that is outside of the city limits but within the City's urban services area, the standards specified in Section 29.070 (5) of this Code shall also apply. '- Finding 46: The property IS Inside the City limits of Springfield, therefore Critenon 9 is not applicable. CONDITIONS OF APPROVAL Since the lot created by thiS Partition reduces site design flexibility options for locating commercial development on the site while retaining the significant natural resource values on the site identified in the Gateway Refinement Plan, the applicant shall agree to: 1. Implement the Tree PreselVatlon/Revegetation Plan for the Game Farm Road Grove on the Parcel at time of Site Plan Review, and ensure that future development of the site shall be located and constructed in accordance with the Tree PreselVatlon/Revegetatlon Plan for the Game Farm Road Grove; AND 2. Submit a Tree Felling Permit application for City review and approval prior to removing any significant tree and ensure that no trees shall be cut from the Grove without the express consent of the City of Springfield through the permit review process. What Needs to be Done bv the Applicant to Receive Final Plat Approval? - The applicant will have up to one year from the issuance of thiS letter to meet the conditions of approval or Development Code standards and to obtain Final Plat Approval. A separate application form and fee will be required. PartItion Tentative Journal Number SUB2003-00022 13 . " Partition Plat Reauirements: Within 12 months of the date of Tentative Plan Approval, a Partition Plat shall be drawn to the standards and specifications of SDC 34.090 (1-3) and the Lane County Surveyor's requirements. Three copies of this Partition Plat Incorporating any conditions of approval shall be submitted to the Development Services Department along with any other required legal documents. If the applicant has not completed the above within the 12 month period, Tentative Plan approval shall become null and void and re-submlttal of the request shall be required. The Director In consultation with the City Surveyor, shall certify that all conditions have been met pnor to Partition Plat approval and Development Approval, I.e. before a Building Permit may be issued or property transferred. Upon signature by the City Surveyor and the Planning Manager, the Plat may be submitted to Lane County for recordation. No individual lots may be transferred until the Plat is recorded. Aooeals: If you wish to appeal this Partition Tentative 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. The fee will be returned to the appellant if the Planning Commission approves the appeal application. In accordance with SDC 15.020 which provides for an appeal penod and Oregon Rules of Civil Procedures, Rule 10(c) for service of notice by mall, the appeal penod for this decision expires at 5:00 p.m. on September 5, 2003. Questions: Please call Sarah Summers in the Planning DivISion of the Development Services Department at (541) 726-4611 if you have any questions regarding this process. Preoared by: Sarah Summers Planner II PartJtJon T entatlve Journal Number SUB2003-00022 14 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 "" I POSITION REVIEW OF NAME I Planner II Land Use Planning Linda Pauly I Transportation Planning Engineer Transportation Gary McKenney I Public Works Engineering Utilities & Easements Steve Barnes I Public Works Engineering Sanitary & Storm Sewer Steve Barnes I Deputy Fire Marshall Fire and Life Safety Gilbert Gordon I Community Services Manager BUilding Dave Puent I APPLICANT'S DEVELOPMENT REVIE ~ TEAM ADDlicant: Owner: Carol Schirmer 3-D Professional Group, LLC 374 West 4th, SUite 20 I 175 West B Street Eugene, OR 9740 I 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 Felling DRC2006-00022 described as Tax Lot 2708 on Assessor's Map 17-03-22-00. The purpose of the proposed tree felling IS to develop the subject property with a new 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 according 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 Springfield 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 the 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 Community 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 Communrty 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 property line of the site abuts Game Farm Road, a Lane County faCIlity. Site topography IS relatively level. The land IS vegetated With mature trees and grass. WRITTEN COMMENTS: 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 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 accordance 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 DRC2006-00022 2 MaD Site Harlow Road Pioneer Parkway 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 Trees to Be Felled I Tree # . Size (DBH) , Species II 66" Acer macrophyllum - Oregon maple 13 140" Acer macrophyllum - Oregon maple 15 49" Acer macrophyllum - Oregon maple 17 39" Acer macrophyllum - Oregon maple 116 72" Robm/Q pseudoacac/Q- Black locust 117 128" RobinIa pseudoacac/Q- Black locust 118 152" Acer macrophyllum - Oregon maple 119 112" PlCea sltchensis - Sitka spruce 120 120" T axus brevlfolla - Pacific yew 121 131" Juglans nigra - Black walnut 122 I 33" Juglans nigra - Black walnut 123 118" Pyrus communis - Pear , 24 I 35" Juglans nigra - Black walnut I Trees to Be Preserved I Tree # Size Species 12 54" Acer macrophyllum - Oregon maple 14 45" Acer macrophyllum - Oregon maple 16 42" Acer macrophyllum - Oregon maple Tree Fellmg DRC2006-00022 3 ~ Springfield Development Code (SDq Article 38.0 I 0 (I) states: This Article ensures that tree felling is in accordance with Metro Plan 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 development. Significant tree removal is permitted only when specific development plans have been approved by the City, consistent with plan policies and City development regulations. Interim removal of trees may be permitted to the extent that such removal does not significantly detract from the natural and cultural amenities that make a particular site attractive for future development. finding: No development plan for this site has been approved by the City. The applicant has submitted an application for Pre-submittal Meetrng for a Site Plan for the Game Farm Dental development (PRE 2006-00026). The Pre-submittal Meetrng was held and the application was deemed rncomplete. At the time of this decIsion, the completed Game Farm Dental Site Plan application has not been submitted. When ~ complete Site Plan IS submitted, the proposed felling Will be warranted by the site developmer)t, and the required revegetation Will be provided through the installation of site plan landscaping improvements. The tree plantrng provided for the Game Farm Dental Site Plan as approved rn the Frnal 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 promrnent grove of large mature trees which IS Identified as a natural asset rn the Gateway Re(lnement Plan, Natural Assets Map I., , Condition I: To ensure that the proposed revegetation 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 Development Agreement with the City, prior to the fellrng of trees from the site. The Development Agreement IS required to ensure that the terms and conditions of the site plan reView, which rnclude the provIsion of required site revegetation, are brndrng upon both the applicant and the City. This agreement Will be prepared by Staff upon approval of the Final Site Plan and must be signed by the property owner prior to commencement of tree felling. If a Land Drainage and Alteration Permit is Issued prior to the slgnrng of the Development Agreement, site grading shall be allowed to commence only after tree protection fencrng is installed around the drip line of all live trees. Finding: As conditioned, the proposed felling 'is consistent with SDC 38.0 I 0 (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. Finding: The trees on thiS site were evaluated by an ISA Certified Arborlst Nathaniel Sperry in May, 2003 as part of a study of the Game Farm Tree Grove contracted by the City. In hiS Tree Felling 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 pathogenrc problems. Many of the trees were "topped" within the last forty years, which has led to slgnrficant 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, 18, 19,20, 21 and 22 are located where a parking lot IS proposed. Tree # 7 is located where the site driveway is proposed. Trees # 3 and 5 were identified as hazard trees In the evaluation, thus fellmg is warranted WIth respect to unsafe conditions. Conclusion: The proposal meets Tree Felling Standard I. Tree Felling Standard 2 SDC 38.040 (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 Springfield 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/Scenlc Areas, and Recreation Element (page 32) addresses the natural and cultural features wlthm 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/Scenrc 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: Through the site plan review process, the City shall encourage reasonable retention of existing 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 Planning DiVision contracted with two professional consultants to gather the information needed to assist with decIsion making concerning preservation and/or replacement of these trees. A certified arbonst, 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 VegetatlOnlRevegetation 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 maintains the prominent 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: . Retain 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 continue 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 PreservatJonlRevegetation 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 in land cover as It IS converted to more intensive urban uses. The loss of tree canopy can be replaced as new replacement trees mature. '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, retain and stabilize SOil during construction. Condition 2: All felling activities, including ingress and egress for the logging operations, shall Include erosion control measures in conformance With the Engineering Design Standards and Procedures Manual. IMPACTS TO WILDLIFE HABITAT finding: Local effects of tree loss can be at least partially mitigated by on-site replanting, but the ability to maintain contiguous, mature tree stands helps conserve wildlife habitat value. The level of disturbance may also degrade habitat value. Tree Felling DRC2006-00022 6 PROPOSED TREE RETENTION finding: The applicant proposes to retain three large, mature existing trees located along the Game Farm Road frontage. The applicant's site plan (shown In sheet TR I) indicates a generous buffer area will be retained around these eXisting trees. The buffer width ranges from 27 feet In 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 parking lot. Finding: The proposed tree retention will retain habitat for urban wildlife; protect soils from erosion; Intercept and retain 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 existing trees to be retained 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 In a manner which aVOids site impacts, including but not limited to: SOil compaction around trees to be preserved, soil compaction in the root zones of trees on neIghbOring properties, and damage to trunks of trees to be preserved. Any SOil and debriS tracked into the street by vehicles and equipment leaving the site shall be cleaned up With shovels In a timely manner and not washed into the storm drain system [SDC 38.040(2)]. Condition 4: The Tree Protection Notes on sheet TRI shall be included In the cover sheet of the dPpllcant's final site plan for the Game Farm Dental development and In the Land Drainage and Alteration plans. Conclusion: As conditioned, the tree felling proposal is consistent With State standards, Metro Plan poliCies and City ordinances and provisions affecting 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 grading 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 in 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 sholl 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 felling. Tree Felling DRC2006-00022 7 " Conclusion: As conditioned, the proposal meets Tree Felling Standard 4. Tree Felling Standard 5 SDC 38.040 (5): Whether the applicant's proposed replanting of new trees or vegetation is an adequate substitute for the trees to be felled. SDC 38.030 (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 that addresses the applicable standards in Section 38.040." PROPOSED REPLACEMENT PLANTING/REVEGETATION Finding. The applicant did not submit a reveg~tatlon 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: I Quantity 17 12 13 18 15 4 5 4 4 2 13 12 112 I I 1'0 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 macrophy/lum - Oregon maple Acer saccharum - Bonfire sugar maple Acer saccharum - Bonfire sugar maple Aesculus carnea - Red chestnut Betula jacquemontii - Jacquemontll birch Calocedrus decurrens - Incense cedar Cems canadenSIS - Redbud Fraxinus pennsylvanlca 'c'marron' - Clmarron green ash Halesla motlcola - Mountain sllverbells Pyrus calleryana 'Chantlcleer" - ChantIcleer pear Quercus rubra - Red oak Quercus rubra - Red oak Quercus rubra - Red oak Styrax japonlcus - Japanese snowbell ThuJa pllcata - Western red cedar Tllla tomentosa - Silver 'inden Total replacement trees to be planted Finding: The applicant's landscape plan will provide 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, 8 red chestnuts, 15 Jacquemontii birch, 4 Incense cedars, 4 Cimarron ash, 10 Western red cedar and 7 Sliver linden. These large canopy trees will be distributed throughout the developed site, with a grove of 18 trees (Including 3 existing maples) in the buffer along Game Tree Felling DRC2006-00022 8 Farm Road. In addition, 12 smaller flowering trees will be added: 5 Redbuds, 4 Mountain sllverbells, I Japanese snowbell, and 2 Callery pears. finding: The applicant's tree replacement plan will retain a strong presence of trees, Including deciduous and evergreen, native and horticultural Varieties, 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 PreservauonlRevegetauon 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 PreservauonlRevegetauon Plan for the Game Farm Road Grove. The applicant's revegetation proposal IS consistent the recommendations contained Within the Tree PreservatlOnlRevegetauon Plan for the Game Farm Road Grove. finding: As conditioned, the applicant's site plan will provide for the revegetation of the site In accordance With SDC articles 31 and 32 and consistent With the recommendations In the Tree PreservatIon IRe vegetatIon Plan for the Game Farm Road Grove. MITIGATION 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 successful new tree for each tree removed. . Replacement species have Similar mature canopy spread. . Replanting or natural regeneration maintainS the mitigation planting In perpetuity (Miugaung 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 plantings 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. - Plantings 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 prior 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 , ~ Conclusion: As conditioned, the proposed replanting of new trees on the site IS an adequate substitute for the trees to be felled, therefore the proposal meets Tree Felling Standard 5. Tree Felling Standard 6 SDC 38.040 (6): Whether slash left on the property poses significant fire hazard or liability to the City. Finding: The applicant states that "all slash will be removed from the site." Condition 5: Trees and slash shall be removed 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 Felling 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 urban 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 of Felling Standard 7 IS not applicable. finding: The Tree Felling Standard of SDC 38.040 (7) has been met. Tree Felling Standard 8 SDC 38.040 (8): Whether transportation of equipment to and equipment and trees from the site can be accomplished without a major 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 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 (8)]. Finding: As conditioned below, the Tree Felling Standard of SDC 38.040 (8) has been met. Conclusion: Considering these findings of fact, 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 ADDroval: The follOWing summary of conditions are the minimum necessary to ensure that the proposed tree felling Will be In conformance With the approval criteria of Springfield Development Code Article 38. I Tree Felling DRC2006-00022 10 .. .. Condition I : To ensure that the proposed revegetation 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 Development Agreement with the City, pnor 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. ThiS agreement Will be prepared by Staff upon approval of the Final Site Plan and must be signed by the property owner pnor 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 commence only after tree protection fencing IS Installed around the drip line of all live trees. Condition 2: All felling activities, including Ingress and egress for the logging operations, shall Include erosion control measures In conformance with the Engineering DesIgn Standards and Procedures Manual. Condition 3: The eXisting trees to be retained shall be clearly flagged, identified, and protected from damage due to the adJacent tree removal and other site c1eanng work. All felling and removal activities shall be performed in a manner which avoids site Impacts, including but not limited to: soil compaction around trees to be preserved, SOil compaction in the root zones of trees on neighboring properties, and damage to trunks of trees to be preserved. Any SOil and debns tracked Into the street by vehicles and equipment leaVing the site shall be cleaned up With shovels in a timely manner d'fd not washed Into the storm drain system [SDC 38.040(2)]. Condition 4: The Tree Protection Notes on sheet TR I shall be included In the cover sheet of the applicant's final site plan for the Game Farm Dental development and in the Land Drainage and Alteration plans. Condition 5: Trees and slash shall be removed Within 72 hours of felling [SDC 38.040 (6)]. Condition 6: All felling and bucking shall occur between the hours of 8AM 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 pnor to commencement of the felling activity [SDC 38.040 (8)]. 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 Drainage 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 Inspection and copies are available at a cost of $0.75 for the first page and $0.50 for each additional page at the Development Services Department, 225 Fifth Street, Spnngfield, Oregon. APPEALS: If you wish to appeal this Tree Felling 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 11 The fee will be returned to the appellant If the Plannrng Commission approves the appeal application. In accordance with SDC 15.020 which provides for a 15 day appeal period and Oregon Rules of CIvil Procedures, Rule 10(c) for service of notice by mall, the appeal period for this decIsion expires at 5:00 p.m. on May 30, 2006. QUESTIONS: Please contact Linda Pauly at the City of Sprrngfield Urban Planning DIvIsion If you have questions regardrng this process. PREPARED BY: Linda Pauly Planner II, 726-4608 Tree Felling DRC2006-00022 . ~ 12