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HomeMy WebLinkAboutDecision Planner 5/24/2017L{n- AFFIDAVIT F SERVICE srATE OF OREGON ) ) ss. County of Lane ) l, Shannon Morris, being first duly sworn, do hereby depose and say as follows: 1. I state that I am an Administrative Specialist for the Planning Division of the Development and Public Works Department, City of Springfield, Oregon. 2. lstate that in my capacity as, Administrative Specialist, I red and caused to be mailed copies of (See attachment "A") on 2417 a to (see Attachment "B"), by causing sai lette rs to be placed in a U.S. mail box with postage fully prepaid thereon. Shannon Morris fflnr* eA[42 ,2017. Personal ly appeared the above named Shannon Mor 'ns;Affiinistrative Specialist, who acknowledged the foregoing instrument to be their voluntary act. Before me: -s w0(.1 Dec-,lr.0Y1 MY Dato Received My Gommission Expires: Planner: L[tl i? STATE OF OREGON, County of Lane NOTARY lPnrl{o;lED TYPE II TREE FELLING PERMIT silrr REPoRT & DEcrsroN Case Number: TYP217-00015 Project Name: Chalet Apartments Tree Removal and Replacement Nature of Application: The applicant is requestine r.eloval of 28 trees on a site developed with 83 apartment units. The majority ofthe trees *.." ptui"d close to. the buildings and are now causing issues with internal sidewalks, asphalt siding, ""r;;;;iio' und roof damage' A replanting plan includes 29 trees better suited to the site and locatid in more appropriate locations' project Location: 2555 Gateway Street, Springfield, Map and Tax Lot 17032200 2208 Zoningz Medium Density Residential (MDR) Refinement Plan Designation: Gateway Refinement Plan - MDR Application Date: APril 19, 2017 Decision Date: MaY 24,2017 Appeal Deadline: June 7,2017 Site Information: This site is located on the northeast side of Gateway Sheet at the intersection of Gateway and Harlow Road. The site is 5.06 acres in size. The apartments were built in 1975. Decision: Approved with conditions. This decision constitutes an approved Tree f,'elling permit to remove the trees identified by the applicant in this application. The standards of the Springfield I)evelopment Code applicable to each criterion of Tree Felling Approval are listed herein and are satisfied by the submitied plans unless specifically noted with findings and conditions necessary for compliancl. This is a limited land use decision made according to City code and state statutes. Unless appealed, the decision is final. Date Received: Planner: LM T Owner:Applicant Applicant's Representative: Kyle Raines Michael Grace Jeremy J. Weed Chalet-Bird Cedar Landscape Construction, Inc NW Tree Specialists 2677 Willakenzie Road Suite 3 20178 SW 112'h Avenue 21300 SW Mauzey Road Eugene, OR 97401 Tualatin, OR 97062 Hillsboro, OR 97124 TYP217_00075 fitl-nnyryrrwA Page 1 RE\TEW PROCESS: This application is reviewed under Ty-pe II procedures risted in SpringfierdDevelopment code Section 5.1-r:b rni r."" Feiling standards of SDC 5.i9_100. Procedural Finding: Applications for Limited Land use Decisions require the notification of propertyowners/occupants within 300 feet of the subiect property urio*irg for a 14 day comment period on theapplication (SDC Sections 5.1-130 and 5.2-115). 'Th; appticant and parties submitting written commentsduring the notice period have appeal rights and u." -uii"d u "opy of this decision for consideration. Nowritten comments were received. SITE: Ref. Article 5.19-125 of the Springfieid Development code: The Director in consuitation with the pubric works Director and Fire chief sha'.approve' approve with conditions or deny #H,;.;;i';q:1,,:iltTfr:ffi1*itr to receive approvar ror a rree ;:ffi;;it' the aPPlicant must satrsry e CRITERIA FOR APPROVAL: Chalet Apartments 2555 Gateway Street T\P2I7 -00015 t "t F I tul 1ts q1 I k .I PageZ (A)Whethertheconditionsofthetreeswithrespecttodisease,hazardousorunsafeconditions, danger of falling, proximity to. existing structures^or proposed construction' or interference with utility ..*i"". or pedestri"r-r, r""rri"ular traffic'.ur"ty; warrants the proposed felling' Finding A. 1 : The narrative from Jeremy weed, certified Arborist of Nw rree Specialists' states that the wrong trees were plr.tJ u, it " ,i." tt " u,riiarog was constructeJ and have outgrown their locations' The description of tree removals also lists ,.u".ul tr-ees that huu" "^i"*ir" au,,ug" due to storms during the last year. FindingA.2:Thetreesproposedforremovalarecausingissueswithsurroundingsidewalks'asphalt' ;;;;.;;" patios, irrigation, siding and roofing' Conclusionl:Theremovalofthe23treesmeetsthecriteriaofSDC5.lg-125(A). (B)WhethertheproposedfellingisconsistentwithStatestandards,MetroPlanpoliciesand city ordinances and provisions rri"-"ai"g the environmental quatity of the area' including butnotlimitedto,theprotectionofnearbyt."".u.,awindbreaks;witdlife;erosion,soil retention and stability; volume oi'utfu"" runoff and water quality of streamsl scenic qualitY; and geological sites' FindingB.l:Thetreeremovalswillbeperformedbylicensedcertifiedarborist,JeremyWeedofNW Tree Specialists will be consistent with State standaids, Metro plan policies and.city ordinances and provisions affecting the environmental quarfr;i;t; ;.;; Replanting tf t .*_ and is,proposed for all of the designated landscape areas in the rrU#n.a ttplanting-pian' da:ted April 19' 2017'The proposed landscape plan will equal or exceed i, qruntity the number olitt"t that currently exist on the site' Finding B.2: Forestry practices in the State of oregon are governed by the State Forest Practices Act' State forestry regulatilns are not applicable in this caie because: 1) the limited number of regulated trees removed; 2) the trees are being removed for renovation of existing development not timber harvest purposes; and 3) sufficient re-planting can be accomplished in accoidance with the conditions of this permit. Finding B.3: The Springfield Development code (SDC) is the primary implementing ordinance for environmental protection"policies contained in the Eugene-springfield Metropolitan Area General Plan (Metro plan). SDC Section 5.19 - Tree Felling Standaids generally implement environmental protection policies of the Metro Plan for the subject site' Finding B.4: The area subject to the tree felling request is inside the Springfield City Limits and is therefore subject to City land use jurisdiction. Finding B.5: The trees existing on the subject site are planted within a developed commercial site' As such, the trees proposed for removal are noipart ofa natural or scenic area, nor do they comprise part ofa larger contiguous stand oftrees. Finding B.6: Removal of the existing trees scattered across the subject site will have no appreciable effect on the surrounding physical and visual environment because: a) There are existing mature trees remaining on the site and adjacentproperties; b) The applicant is proposingto replant more trees and other landscapingthan were removed and Date TYP277-00075 Planner: Lhtt c) l[,::#,1Tlified for removal are partof the site landscaping and not parr of a naturararea or conclusion 2: Springfield Development code (sDC) Section l:r9 - Tree Felling Standards - generallyimplement environmental protection poli"i", or trr" na"r."'pr"r. The proposal is consistent withapplicable policies and provisions of sta; law, the u""" pi", and the Springfield Development code forprotection of environmental quality. (c) whether it is necessary to remove trees in order to construct proposed improvements inaccordance with an approved development plan. Finding c'1: The tree removal is necessary to maintain the existing improvements on the site such asasphalt and concrete surfaces, siding and roofing "ra irig"ii"r. " Finding c.2: Replacement trees wilr be instalred for the trees to be removed. conclusion 3: The tree removal will be necessary to efficiently repair any damage to irrigation system,asphalt and concrete and siding and roofing and to continually rriuintui, these improvements. (D) rn the event that no PIot Plan has been approved by the city, felling of trees shal bepermitted on a limited basis consistent -with the preservation of the site,s futuredevelopment potential as prescribed in the Metro Plan and City development regulations,and consistent with the following criteria: (1) wooded areas associated with natural drainageways and water areas shall beretained to preserve riparian habitat and to minimize erosionl (b) wooded areas that will likely provide attractive on-site views to occupants of future developments shall be retained; (c) wooded areas along ridge lines and hilltops shall be retained for their scenic andwildlife valuel (d)wooded areas along property lines shall be retained to ser"ve as buffers from adjacent properties; (e)trees shall be retained in sufficiently large areas and dense stands so as to ensure against windthrow; and 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. Finding D.1: The above standard aPPlies where no plot (site) Plans have been aPProved. An aPProved plot plan was apploved wrth the construction and building Permits issued for the develoPment of the apartments in 1975 features, hillsides or naturallY-occurring Finding D'2 There are no natural drainagewaYs topograPhic . The trees to be wooded areas (f) 7TYP21.-00015 felled are not along proPertY iines serving as buffer areas' Page 4 Conclusion 4: The above findings of fact demonstrate that Criterion of Approval 4 does not apply to this tree felling from this developed properfy. (E) Whether the applicant's proposed replanting of new trees or vegetation is an adequate substitute for the trees to be felled. Finding F.1: A replanting plan, dated April 19, 20lJ,has been prepared by NW Tree Specialists. The plan shows 28 trees for removal and a replanting plan which includes 29 trees. The tree replanting plan shows 9 Paper Bark Maple, 9 Western Flowering Dogwood, 2 Paperbark Birch, 3 Quaking Aspen, one Oregon White Oak,2Imperial Honey Locust, one Golden Rain Tree, one skyline Honey Locust and one Red Maple. Tree size is not listed on the Tree Planting Plan and a timeline for replanting is also not described. Finding F.2: Springfield Development Code section 4.4-100 lists the required landscaping standards required in association with this commercially developed site. Within this section it states that trees at a minimum size must be not less than 6 feet in height and a minimt)m 2" caliper (at the time of planting, not including rootball) and shrubs must be 5 gallon in size or lager. Condition 1: Th e 29 trees shown on the nlan must be a minimum 6 feet in heisht and at ),SDC trees tree felling. Tags listing the species and size of trees must remain on the trees until after the CitY's inspection of the replanting. Condition 2: Provide a detail plan sheet showing the nlanting method and soil preparation method for the tree planting prior to the tree felling. Conclusion 5: The replanting plan lists trees which are suitable as replacement trees for aging trees within the previously approved Site Plan Review and as conditioned are an adequate substitute for the trees to be felled. G) Whether slash left on the property poses significant fire hazard or liability to the City. Finding F.1: Removal of slash reduces fire hazards and prevents debris and sediment from being deposited into stormdrains. Finding F.2: The applicant's submittal has stated that all debris including limbs, branches, twigs and wood will be chipped and or disposed of at Lane Forest Products (820 42"d Street, Springfield). All stumps from removals will be ground down and all grindings will be disposed of at Lane Forest Products. Conclusion 6: Debris and woody material will be removed from the site. The tree removal action should not cause an increase to the fire hazard liability on the site. (G) Whether the felling is consistent with the guidelines set forth in the Field Guide to Oregon Forestry Practices Rule published by the State of Oregon, Department of Forestry, as they apply to the northwest Oregon region. Finding G.1: Forestry practices in the State of Oregon are governed by the State Forest Practices Act. The Field Guide to Oregon Forestry Practices Rule provides safety and other guidelines for compliance with the State Forest Practices Act during logging operations. The guidelines are standards in the Date LLTYP2 17-00015 Planner: Lftfl Page 5 industry and are generally followed during all operations performed by licensed and bonded logging contractors. Finding 7.1 : The proposed tree felling, removal and re-planting proposed as part of this permit do not rise to State forestry regulations because: 1) the limited number of regulated trees to be removed; 2) the trees are being removed for planned development not timber harvest purposes; and 3) sufficient re-planting can be accomplished in accordance with the submitted landscape plan. Conclusion 7: As proposed, this criterion has been met. ([f) Whether transportation of equipment to and equipment and trees from the site can be accomplished without a major disturbance to nearby residents. Finding H.1: The site is lies directly within an area containing commercial, office and other multi-family development. Harlow Road and Gateway Streets are both listed as Minor Arterials on the Functional Street Classifi cation Map. Conclusion 8: The traffic generated by the tree felling activity will be no more intrusive than other heary vehicle traffic normally associated with existing development; therefore, the proposed work will not constitute a major disturbance. CONCLUSION AND DECISION: This written decision constitutes the Tree Felling Permit. The following are specific conditions to be addressed as part of the tree felling permit Condition 1: The 29 trees shown on the nlan must be a minimum 6 feet in heipht and at least 2" in caliper per SDC 4.4-100. Replacement trees shall be replanted within 180 days of the tree felling. Tags listine the species and size of trees must remain on the trees until after the City's inspection of the replantins. for the tree nlantins or to the tree fellins. The following general construction practices apply when tree felling is initiated on site: Notification shall tle provided to the City at least 5 days prior to commencement of the tree fetling operation. Please contact Liz Miller at 541-726-2301 or by email: lmiller@springfield- or.gov. All felling activities, including ingress shall include erosion control measures in conformance with the City's Engineering Design Standards and Practices Manual. 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 City's stormwater system (SDC 5.19-125). Contact Liz Miller at 541-726-2301 to schedule a site visit after replanting to close the Tree Felling Permit. a a a a TYP2 1 7-00015 Page 6 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 and Public Works Department,225 Fifth Street, Springfield, Oregon. Copies of the documents will be made for $0.50 per page. APPEAL If you wish to appeal the decision of approval, you must do so by 5:00 PM on June 7,2017. Your appeal must be submitted in accordance with the Springfield Development Code, Section 5.3-100, APPEALS. Note: Appeals must be submitted on a City form and a fee of $250.00 must be paid to the City at the time of submittal. The fee will be returned to the appellant if the Planning Commission approves the appeal application. If you have any questions regarding these matters, please call726-2301 PRE,PARED BY Liz Miller Planner Date Received Fianner: Lft/l TYP2 17-00015 ty PageT Kyle Raines Chalet-Bird 2677 Willakenzie Road Suite 3 Eugene, Or 97401, MichaelGrace Cedar Landscape Construction, lnc 20778 SW 112th Ave Tualatin, Or 97062 Jeremy J Weed NW Tree Specialists 21300 SW Mauzey Road Hillsboro, Or 97L24 I Date Received: Planner: Llt/l MnrJnrn$f b L4