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HomeMy WebLinkAboutDecision Planner 10/8/2021RINGFIELD TYPE II TREE FELLING PERMIT STAFF REPORT & DECISION 6 OREGON Case Number: 8l l-20-0001l0-TYP2 Project Name: Mountaingate l't Addition - Lot 82 Tree Felling Permit Nature of Application: The applicant submitted a tree felling application in order to remove 20 trees to prepare the site for residential development. Project Location: Map 17-02-34-43; TLs 1600 Zoning: Low Density Residential (LDR) Comprehensive Plan Designation: Low Density Residential (LDR) Application Submitted: May I1,2021 120 Day Waiver Signed: JuJy 20,2021 Decision Date: October 8,2021 Appeal Deadline: October 22,2021 Associated Applications: Building Permit, 8ll-21-002267-DWL; LDAP 811-21-000408-PW APPLICAIIT'S DEVELOPMENT REVIEW TEAM CITY OF SPRINGFIELD'S DEVELOPMENT REVIEW TEAM Site Information: The subject property is located at the intersection of Dogwood Street and Mountaingate Drive within Mountaingate I't Addition Subdivision. The site is 0.98 acres and is currently a steep, -40% slope, vacant Applicant: Gordon R. Hageman Town & Country Homes LLC 6019 Graystone Loop Springfield, OR 97478 Applicant's Representative: Rebecca Shepard Dougherty Landscape Architects 47 4 W illamette Street #305 Eugene, OR97478 POSITION REVIEW OF NAME PHONE Project Manager Planning Andrew Larson 541-736-t003 Transportation Planning Transportation Michael Liebler 541-736-r034 Public Works Engineer utilities Clayton McEachern 541-736-1036 Deputy Fire Marshal Fire and Life Safety Eric Phillips-Meadow 541-726-2293 Building Official Building Chris Carpenter 54t-744-4153 I,!I,) Mountaingate Dr I oBi' J L a' '/ t\ '! I I I r '-I \l il I I parcel. There is a variable width slope easement along the northern boundary and adjacent to Dogwood Street. There is also a 20' wide Private Vegetation Easement along the southern boundary intended to retain or create an internal buffer of trees and native vegetation along internal property lines and protect the forest viewshed from lower elevations. DECISION: APPROVED WITH CONDITIONS. The standards of the Springfield Development Code (SDC) applicable to each criterion of Tree Felling Approval are listed herein and are satisfied by the submitted plans unless specifically noted with findings and conditions necessary for compliance. This is a limited land use decision made according to City code and state statutes. Unless appealed, the decision is final. Please read this document carefully. OTHER USES AUTHORIZED BY THE DECISION: None. Future development will be in accordance with the provisions of the Springfield Development Code and all applicable local, state and federal regulations. REVIBW PROCESS: This application is reviewed under Type II procedures listed in Springfield Development Code Section 5.1-130 and Tree Felling standards of SDC 5.19-100. Procedural Finding: Staff reviewed the plan diagrams and supporting information outlining the requested tree felling and replacement. City staff s review comments have been reduced to findings and conditions only as necessary for compliance with the Tree Felling Criteria of SDC 5.19-125. Procedural Finding: 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 Sections 5.1-130 and 5.2-115). The applicant and parties submitting written comments during the notice period have appeal rights and are mailed a copy of this decision for consideration (see Written Comments below and Appeals at the end of this decision). Procedural Finding: Notification was sent to adjacent property owners/occupants on June l, 2021 . Staff received one written comment from the Mountaingate Homeowner's Association. Public Comment: Don Thumel, President, MGLOA: Comment was received from Don Thumel, President of the Mountaingate Lot Owners Association (MGLOA), stating that they had not approved the site and architectural review for this application and wished for the City to deny the Tree Felling application. However, subsequent communication was received that the proposed house and driveway passed architectural review and that the initial comment was no longer valid so the comment was withdrawn. CRITERIA FOR APPROVAL: Ref. Article 5.19-125 of the Springfield Development Code: The Development & Public Works Director in consultation with the Fire Chief shall approve, approve with conditions or deny the request based on the following standards. A. Whether the conditions of the trees with respect to disease, hazardous or unsafe conditions, danger of falling, proximity to existing structures or proposed construction, or interference with utility services or pedestrian or vehicular traffic safety warrants the proposed felling. Applicant's Submittal: "20 trees are to be removed for the development of a proposed driveway, new building, and regrading." Finding: The applicant has submitted to remove 20 trees on-site including 7 fir, 5 maple, and I oak which were all identified as native species in the Mountaingate 1't Addition Hillside Development Plan. The proposed removal is in preparation for the approved single-unit residential dwelling and associated driveway access. Finding: All 20 trees were listed in fair condition on the submitted Tree Preservation & Removal Plan and none were identified as hazardous to existing structures or utilities. Staff conducted on site visit on July 9,2021 and concurs with the listed 'fair' condition of all trees proposed to be removed and did not identifu any hazard trees. Conclusion: As submitte{ this criterion is not applicable. B. Whether the proposed felling is consistent with State standards, Metro Plan policies and City Ordinances and provisions affecting the environmental quality of the area, including but not limited to, the protection of nearby trees and windbreaks; wildlife; erosion, soil retention and stability; volume of surface runoff and water quality of streamsl scenic quality; and geological sites. Applicant's Submittal: " N/A. " Finding: The Springfield Development Code (SDC) is the primary implementing ordinance for environmental protection policies contained inthe Eugene-Springfield Metropolitan Area General Plan (Metro Plan). SDC Article 5.19-100 - Tree Felling Standards generally implements environmental protection policies of the Metro Plan for the subject property. Finding: The area subject to the tree felling request is inside the Urban Growth Boundary OGB) and City limits and is therefore subject to Springfield land use jurisdiction. The subject trees are predominantly broadleaf evergreen and deciduous varieties. Finding: The subject property has not been previously developed with residential dwellings, and due to the size of the site and its location within an existing residential neighborhood the trees are not considered commercial timber. Staff has determined that trees have little to no commercial value for the wood products industry. Therefore, a permit from the Oregon Department of Forestry is not required. Finding: The subject site is a steep lot, approximately 40o/o, which relies on existing mature vegetation and its root network to stabilize the hillside. Finding: The applicant has provided a list of Existing Tree Protection Measures and has stated that "no root over 2" shall be cut without approval of the urban forester (or approved arborist). Roots shall be cut with approved saws. No roots shall be cut or torn during trenching with dozer equipment such as backhoes and trenchers. Utility lines shall be installed by hand digging or tunneling under roots, as necessary to avoid cutting roots 2" and larger." In addition, the applicant states that "no excavation, grading, or construction activity shall take place within tree protection areas." Finding: The applicant's proposal to leave the existing root system and to limit construction activity is in keeping with common practices and will maintain slope/soil stability until construction commences. Conclusion: Springfreld Development Code (SDC) Section 5.19-100 - Tree Felling Standards generally implements environmental protection policies of the Metro Plan and has been applied herein. The proposal is consistent with tree removal procedures within the urbanized areas of the City, applicable policies and provisions of State law, the Metro Plan and the Springfield Development Code for protection of environmental quality. Conclusion: As conditioned herein, this criterion has been met. C. Whether it is necessary to remove trees in order to construct proposed improvements as specified in an approved development plan, grading permits and construction drawings. Applicant's Submittal: "These improvements result in a site build-out that will necessitate the removal of any of the existing trees. The project proposed a new house and driveway." Finding: The applicant's tree felling application matches the building permit submitted, 811-21-002267-DWL. Conclusion: As proposed, this criterion is satisfied. D. In the event that no Development Plan has been approved by the City, felling of trees will be permitted on a limited basis consistent with the preservation of the site's future development potential as prescribed in the Metro Plan and City development regulations, and consistent with the following criteria: 1. Wooded areas associated with natural drainage ways and water areas shall be retained to preserve riparian habitat and to minimize erosionl 2. Wooded areas that will likety provide attractive on-site views to occupants of future developments shall be retained; 3. Wooded areas along ridge lines and hilltops shall be retained for their scenic and wildlife value; 4. Wooded areas along property lines shall be retained to serve as buffers from adjacent properties; 5. Trees shall be retained in sufficiently large areas and dense stands so as to ensure against wind throw; and 6. Large-scale clear-cuts of developable areas shall be avoided to retain the wooded character of future building sites, and so preserve housing and design options for future City residents. Applicant' s Submittal: " n / a " Finding: The applicant has submitted to remove 20 trees on-site including 7 fn,5 maple, and I oak which were all identified as native species in the Mountaingate I't Addition Hillside Development Plan. The proposed removal is in preparation of an approved single-unit residential dwelling and associated driveway access, 811- 2t-002267-DWL. Conclusion: As submitted, this criterion is not applicable. E. Whether the applicant's proposed replanting of new trees or vegetation is an adequate substitute for the trees to be felled. Applicant's Submittal: "See sheet TR-l for proposed tree plantings." Finding: Sheet TR-l indicates l8 new trees will be planted following home and driveway construction; 15 trees along the new driveway and 3 in general landscaping. Finding: The Hillside Overlay review of Phase III of Mountaingate established a required Vegetation Setback easement along the southern boundary of Lot 82; the 20' wide Vegetation Setback easement is depicted on the Plat and shown on the applicant's submittal. Finding: The Hillside Development Plan (HDP) states "The purpose of these areas is to retain or create an internal buffer of trees and vegetation along the internal property lines and protect the forest viewshed from lower elevations. This may be achieved by pruning and shaping existing healthy trees; by thinning younger existing trees to encourage growth into healthy property spaced mature trees or by planting new trees. The vegetative setback areas contain primarily Oak and Douglas fir trees, a few maple trees, and various species of native understory vegetation. In addition, "No native vegetation may be removed from within vegetative setback areas except as necessary to meet fuel break standards for fire protection and diseased or dangerous trees as determined by a professional forester or arborist and approved by the city. Finding: The applicant has proposed to remove 5 Douglas Fir, I Maple, and 1 unidentified deciduous tree from the 20' wide vegetation setback easement. The trees are identified on the Tree Preservation and Removal Plan submitted with the Application; trees 4-10. Trees 4-7 are shown to have a root system, as identified as Critical Root Zone, extending into the proposed building envelope's disturbance area. The grading required to construct the new home will damage the root system of those trees that would lead to the death of trees 4-7. Staff agrees with the removal of these trees; however, staff encourages planting replacement native trees following removal of the trees and final construction. F'inding: Trees 8-10 identified on the Tree Preservation and Removal Plan and proposed home location do not show any disturbance to the critical root zone of those trees. Removal of these trees will not be permitted. Condition of Approval: Trees 8,9, and 10 identified on the Tree Preservation and Removal Plan shall not be removed from the Vegetation Setback Easement. Conclusion: As conditioned, this criterion has been met. F. Whether slash left on the property poses significant fire hazard or liability to the City. Applicant's Submittal: " n/a." Finding: Where necessary, removal of slash reduces fire hazards and prevents debris and sediment from being deposited into drainage courses and stormwater drains. The applicant stated on sheet TR-l that the felled trees will be removed from the site and erosion control measures will be implemented. Finding: The applicant's removal of the trees, stumps, woody material, and debris from the site should significantly reduce the fire hazard liability on the site. Conclusion: As proposed, this criterion has been met. G. Whether the felling is consistent with the guidelines specified in the Field Guide to Oregon Forestry Practices Rules published by the State of Oregon, Department of Forestry, as they apply to the northwest Oregon region. Applicant's Submittal: " n/a." Finding: The site that is subject to the tree felling request is within the Springfreld UGB and City limits, and is considered within existing urban development. For this reason, the proposed tree removal does not rise to the level of a regulated timber harvest or commercial logging operation. Therefore, the action is governed by the applicable provisions of the Springfield Development Code. However, the applicant and their licensed tree removal contractor will need to follow State forestry guidelines for safe operations and fire prevention during the removal of trees, slash and debris approved under this permit. Conclusion: As proposed, this criterion is not applicable. H. Whether transportation of equipment to and equipment and trees from the site can be accomplished without a major disturbance to nearby residents. Applicant's Submittal: "There will be no disturbances to nearby residences as direct access to the property is provided off Dogwood Street. Please see Tree Removal Plan TR-l for tree locations and haul access details." Finding: The applicant's tree removal plan indicates that the 20 trees will be removed and hauled offsite via the primary access roads for the project. The site is directly accessible from the Dogwood Street and is close to regional sawmills and composting facilities for wood waste and debris. The site's location allows for trucks and equipment to access the local and regional truck routes and, if necessary, for trees, slash and debris to be taken to a suitable disposal facility. Finding: Staff observes there are residential dwellings immediately adjacent to the proposed tree felling area. The tree removal activity is a short-term step necessary to prepare the site for future house construction. Therefore, the activity should not create a conspicuous change to the traffic patterns for the area and the proposed tree felling should not constitute an unusual or adverse impact to the neighborhood. Conclusion: As proposed, this criterion has been met. CONCLUSION AND DECISION: SUMMARY OF CONDITIONS OT- APPROVAL: 1. Trees 8,9, and 10 identilied on the Tree Preservation and Removal Plan shall not be removed from the Vegetation Setback Easement. The above findings and conclusions demonstrate that the proposal meets the standards of SDC 5.19-125 for Tree Felling Permit Approval. This written decision constitutes the Tree Felling Permit. The following general construction practices apply when tree felling is initiated on site: Notification shall be provided to the City at least 5 days prior to commencement of the tree felling operation. Please contact Andrew Larson at 541-736-1003 (direct) or by email: alarson({r;.springfield- or.gov. All felling activities, including ingress and egress for the tree removal operations, shall include erosion control measures in conformance with the City's Engineering Design Standards and Practices Manual. All felling and removal activities shall be performed in a manner that avoids ground disturbance and soil compaction extending beyond the established point of access to the tree felling area. 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 drainage channels or the public stormwater system lsDC s.l9-l2sl. ADDITIONAL INFORMATION The application and documents relied upon by the applicant, and the applicable criteria of approval are available for a free inspection at the Development Services Department,225 Fifth Street, Springfield, Oregon. Copies of the documents will be made for $0.75 for the first page and $0.50 for each additional page. APPEAL If you wish to appeal the decision of approval, you must do so by 5:00 PM on October 22,2021. Your appeal must be submitted in accordance with the Springfield Development Code, Article 15, APPEALS. Note: 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. If you have any questions regarding these matters, please call (541) 736-1003 or send an email to: alarson(@ sprinefi eld-or. gov. a a a a