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HomeMy WebLinkAboutDecision Planner 11/21/2022D l,l,,vue\ AFFIDAVIT OF SERVICE STATE 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. I state that in my capacity as Administrative S ialist, I pre and caused to be mailed copies of (See attachment "A") on 2022 addressed to (see tAttachment "B"), by causing said letters to be placed in a U.S. mail box with postage fully prepaid thereon. S non Morris STATE OF OREGON, County of Lane NlOve,r-tUer &fu ,2022, Personally appeared the above named Shannon Morris, Administrative Specialist, who acknowledged the foregoing instrument to be their voluntary act. Before me: knf- o 'L My Commission Expires: UU vwgn t&Jpo SPRINGFIETD TYPE II TREE FELLING PERMIT STAFF REPORT & DECISION OREGON Case Number: 811-22-0002L3-TYP2 Project Name: Cherry Springs--Tree Felling Permit Nature of Application: The applicant submitted a tree felling application in order to clear the site in preparation of a new apartment complex approved by Site Plan Review Project Location: Map t7-02-32-41; TL 400 Land Use District: Mixed Use Residential East Main Refinement Designation: Mixed Use 2A & 28 Application Submitted : September 27,2022 Application Deemed Complete October t8,2022 Decision Dater November 2L,2022 Appeal Deadline: December 3,2022 Associated Applications: Site Plan Review: 81 1-21-000015-TYP2 APPLICANT'S DEVELOPMENT REVIEW TEAM CITY OF SPRINGFIELD'S DEVELOPMENT REVIEW TEAM Applicant/Owner: Cherry Springs, LLC Brent Lanz, Manager 3025 W 7th Place Eugene, OR 97402 Appl icant's Representative : Teresa Bishow Bishow Consulting LLC PO Box 50721 Eugene, OR 97405 POSITION REVIEW OF NAME PHONE Project Manager Planning Andrew Larson 541-736-1003 Transpoftation Planni ng Transportation Michael Liebler Public Works Engineer Utilities Clayton McEachern 541-736-1036 Deputy Fire Marshal Fire and Life Safety Gilbeft Gordon 547-682-526L Building Official Building Chris Carpenter Attachment k II 1 54L-736-L034 541-744-4L53 Site Information: The subject site consists of an 8.Sl-acre vacant parcel. The proposed residential development for this site is located nofth and east of the parcel located on the northeast corner of the Main Street and 48th Street intersection in Springfield, The propefi is currently vacant (Assessor's Map t7-02-32-41, Tax Lot 400). The site received tentative Site Plan approval on May 7, 2022. DECISION: APPROVED WITH CONDITIONS. This decision constitutes an approved Tree Felling Permit to remove the trees identified for remova! in this application. 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 necessaly 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: No additional uses or development is authorized by this decision beyond what is approved in this decision. Future development approved as a paft of this decision must be in accordance with the provisions of the Springfield Development Code (SDC), filed easements and agreements, and all applicable local, state, and federal regulations. REVIEW PROCESS: This application is reviewed under Type 2 procedures listed in Springfield Development Code 5.1.130 and Tree Felling standards of SDC 5.19.100. The subject application was submitted and considered complete on October 18,2022. Therefore, this decision is issued on the 35th day of the 120 days mandated by Oregon Revised Statutes (ORS) 227.t78 Procedural Finding: Staff reviewed the plan diagrams and supporting information outlining the requested tree felling and replacement on October L8,2022 and deemed the application complete. 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 propefi owners/occupants within 300 feet of the subject property allowing for a 14-day comment period on the application, in accordance with SDC 5.1.130. The applicant and parties submitting written comments during the notice period have appeal rights and are mailed a copy of this decision for consideration. Procedural Finding: Notification was sent to propefi owners/occupants within 300 feet in accordance with the SDC on October 31,2022. Two written comments were received regarding a large oak tree in the Beaver Street public right of way. Public Comment: Robert Cafter, 4853 Beaver St., Springfield, OR97478. "I am giving written notice that I do not agree with the removal of the white oak tree being removed from 4853 Beaver Street, Springfield, OR 97478. I feel that it will drastically impact the surrounding wildlife, and the quality of life to the whole street and neighborhood. It provides much needed shade in the summer, protection from winds and home to many animals and birds. Please take this into consideration before allowing this permit. Public Comment: Crystal Zamarripa,4853 Beaver St., Springfield, OR 97478. "I am writing in regards to a tree felling permit which was placed on a large white oak planted by the city located at 4853 Beaver street Springfield, Or 97478. I have lived in this house for 6.5 years and had much time to observe not only the large oa( but the whole field that will be developed. 2 811-22-000213-TYP2 In the development process, many trees will be taken out of that field, displacing the abundant wild life that lives in those trees. I watch the birds of prey that sit in those trees, going back and forth from the large oak to the trees in the middle of the field. I see many squirrels, several types of birds, cats, at one time there used to be a fox. That large oak is full of life. It is healthy, strong and the whole neighborhood loves that tree. It provides shade and protection far and wide. I feel like if they are going to cut down so many trees (including 3 cherry trees) out in that field, they should at least leave the large oak as many have disappeared due to development in the Willamette Valley." Staff Response: The Tree Felling Permit Tree Cluster Locations sheet specifically identifies the oak tree located in front of 4853 Beaver St. which is outside the development area. The sheet states that the oak is in good condition and is to be protected during construction. In addition, the applicant has stated in that this tree specifically effected their decision to extend B Street instead of Beaver Street with the proposed multi-unit housing. Staff reviewed the Public Improvement Permit for all right of way improvements and the oak is identified as to remain. Public Works staff indicated that the proposed construction around the oak tree will not affect the life of the tree because oaks typically have a deep root system. J 8tt-22-000213-TYP2 CRITERIA FOR APPROVAL: Springfield Development Code 5.19.125: The Director, in consultation with the Fire Chief must 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 inteferlence with utility seruices or pedestrian or vehicular traffic safety warrants the proposed felling. Applicant Narrative:. The proposed construdion of the approved Cherry Springs Site Plan Review warants the proposed tree felling (City File 811-21-000015-fYP2). o The proposed ertension of utility seruices, 4& Street improvemenB, and the extension of "B' Street warants the proposed tree felling (City file P31070 Cherry Springs 4g St. ilP) . Several of the tree on the site are in poor condition showing overall stress, damaged trunks, topped main trunks, and broken branches. o Several trees have damaged limbs likely due to storms and lack of regular pruning. . Invasive blackberies also contributed to the poor conditions of trees. . English lvy growing up the trees has adversely impacted the health of the trees. Finding: The applicant has provided a tree removal plan for the subject property that shows the location and quantity of trees to be removed. The site is 7.3 acres and located in the Urban Growth Boundary (UGB) and is within the Mixed-use Residential Land Use District. The applicant has received tentative Site Plan approval (811-21-000015-TYP2) to construct 129-unit multi-unit residential complex consisting of 16 two-story apartment buildings along with a leasing office, driveways and parking areas, site landscaping, open spaces, and vegetated stormwater management. Finding: While most of the trees proposed for removal are not deemed a hazard, their removal is necessary to accommodate the future planned development on-site. The trees are either located where the proposed construction areas will be located, or the trees will have significant root zone impact by the proposed development due to the proposed grading, paving, site utilities, and other improvements. Conclusion: The above findings support the conclusion that the locations of the trees justifiT their removal. Therefore, this criterion has been met. B. Whether the proposed felling is consistent with State standards, Metro Plan policies and City Ordinances and provisions affecting the environmental quality of the anea, 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 Narrative:. During the Site Plan Review process, the proposed development was extensively reviewed for consistency with State standards, Metro Plan policies, and City Ordinances affecting 4 8tt-22-000213-TYP2 environmental quality. The City findings approving the Site Plan Review are incorporated herein. Finding: The Oregon Forest Practices Act (FPA) sets standards for all commercial activities involving the establishment, management, or haruesting of trees on Oregon's forestlands. State law gives the Board of Forestry (aka Oregon Department of Forestty (ODF)) primary responsibility to interpret the FPA and set rules for forest practices. ODF works with landowners and operators to help them comply with the requirements of the FPA. Finding: 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 5.19.100 - Tree Felling Standards generally implements environmental protection policies of the Metro Planfor the subject property. Finding: The area subject to the tree felling request is inside the Urban Growth Boundary (UGB) and City limits and is therefore subject to Springfield land use jurisdiction. The Oregon Depaftment of Forestry only has jurisdiction of the state's forestlands, and the subject site is not considered forestland because of its location in the UGB and City limits. Eighteen (18) trees are proposed for removal from the subject site. Finding: The Natural Resources Study, the National Wetlands Inventory, the Springfield Wetland Inventory Map, Wellhead Protection Overlay and the list of Historic Landmark Sites have been consulted and there are no known natural features or resources on the development site that warrant protection. Finding: The tree felling proposal's impact on erosion and suface runoff will be addressed in other City processes. Tree Felling and future development will require a Land Drainage and Alteration Permit (LDAP) to ensure Best Management Practices (BMPs) for preventing and/or controlling erosion, sedimentation and other construction related impacts to water quality, the environment, and existing City infrastructure. Similarly, the volume and quality of stormwater runoff is being addressed during the Site Plan Review Process review process. Condition of Approval: Prior to felling of any tree on site, the applicant must obtain a Land Drainage and Alteration Permit (LDAP) to ensure Best Management Practices (BMPs) for prcventing and/or controlling erosion, sedimentation and other construction related impacts to water quality, the environment, and existing City infrastructute. Finding: The applicant is advised to contact the Oregon Depaftment of Forestry for helpful information regarding safety and fire prevention. Summer months are typically hot and dry and fire officials urge extreme caution during all mowing and logging activity. In extreme circumstances, the National Weather Service may issue a Red Flag Warning prompting Springfield, Lane County and State fire officials to limit or order the shutting down of all operations in the area. To ensure that the above criterion is met in respect to wildfire, it is required as a condition of approval that Logging, felling, or other tree removal activities must not occur during National Weather Service Red Flag Warnings or by Order of a State of Oregon, Lane County, or Springfield/Eugene Fire official. Conclusion: The above findings and required condition of approval demonstrate compliance with this criterion. Therefore, this criterion has been met. 5 8tt-22-000213-TYP2 C. Whether it is neoessaty to remove trees in order to construct proposed improvements as specified in an approved development planr grading permits and construction drawings. Applicant Narrative:. It is necessary to remove the trees on the site in order to construct improvements specified in the approved Site Plan Review (City tile 811-21-000015-TYP2) and the Public Improvement Plans (Cit file P31070 Cherry Springs 48h St. PIP). Finding: The applicant has received tentative Site Plan approval (811-21-000015-TYP2) to construct 129-unit multi-unit residential complex consisting of 16 two-story apartment buildings along with a leasing office, driveways and parking areas, site landscaping, open spaces, and vegetated stormwater ma nagement. Finding: Based on staffs review of the development applications for the site, staff concludes that the proposed tree removal is necessary to construct all improvements because the approved buildings and associated improvements are around the trees or will impact the existing trees to the extent that they will not be viable to remain in place. Conclusion: The above findings support the conclusion that the locations of the trees justifu their removal. Therefore, this criterion has been met. D. In the event that no Development Plan has been approved by the City, felling of trees will be permitted on a Iimited basis consistent with the preseruation of the site's futurc development potential as prescribed in the Metro Plan and City development regulations, and consistent with the following criteria: 1. Wooded aneas associated with natural drainage ways and water areas shall be retained to preserue riparian habitat and to minimize erosion; 2. Wooded aneas that will likely provide attractive on-site views to occupants of future developments shall be rctained; 3. Wooded atleas along ridge lines and hilltops shall be rctained for their scenic and wildlife value; 4. Wooded areas along property lines shall be retained to serue as buffers fiom adjaent propefties; 5. Trees shall be retained in sufficiently large areas and dense stands so as to ensute against wind throw; and 6. Large-scale clear-cuts of developable areas shall be avoided to retain the wooded character of futurc building sites, and so prcserve housing and design options for future City residents. Applicant Narrative:. The property owner has an approved Development Plan so this criterion is not applicable, Finding: The proposed tree felling activity is associated with an approved Site Plan Review application (81 1-21-000015-TYP2) Conclusion Because all the trees proposed for removal are in proximity of proposed construction and as conditioned above, staff finds that Criteria D.1-6 are not applicable to the subject propefi 6 8tt-22-000213-TYP2 E. Whether the applicant's proposed replanting of new trees or vegetation is an adequate substitute for the trees to be felled. Applicant Narrative:. The Site Plan Review approval included detailed landscape plans to provide a variety of tress, shrubs, and ground cover throughout the site. The landscape plans include planting 102 new trees on the residential portion of the site. These trees include a variety of species suitable for different locations throughout the residential development . The Site Ptan Review approval included a total of 58 new street trees - 32 along 48h Street and 22 along "8" Street. The specific location and quantity of trees were further reviewed during the City's PIP process. The street tree species were selected from the Cityb approved list of street trees. Finding: The applicant has prepared and submitted the required Landscape Plan for the Site Plan Review application. The plan indicates that 102 new trees within the interior of the site and 58 new street trees with required improvements to 48th Street and the new "B" Street connection. Conclusion: Based on the above findings, staff concludes that the proposal is an adequate substitute. F. Whether slash Ieft on the property poses significant fire hazard or liability to the City. Applicant Narrative:. Following the tree felling, the general contractor will clear the site and commence construction of the new development. Vegetative debris resulting from tree felling will be removed in a timely manner to prevent causing a significant fire hazard or liability to the City. Finding: Removal of the trees, stumps, woody material, and debris from the site significantly reduce the fire hazard liability on the site. The applicant proposes to remove the tree felling slash from the propefi, so there will be no significant fire hazard or liability to the City. Conclusion: As proposed, this criterion has been met. G. Whether the felling is consistent with the guidelines specified in the Field Guide to Oregon Forestly Practices Rules published by the State of Oregon, Depaftment of Forestly, as they apply to the northwest Oregon region. Applicant Narrative:o The State of Oregon website states, "The Oregon Forest Practices Act (FPA) sets standards for all commercial activity involving the establishment, management, or haruesting of trees on Oregonb forestlands." The Cherry Springs site is not one of Oregonb forestlands. Finding: Forestry practices in the State of Oregon are governed by the State FPA, which sets standards for all commercial activities involving the establishment, management, or harvesting of trees on Oregon's forestlands. The Field Guide to Oregon Forestry Practices Rule provides safety and other guidelines for compliance with the Forest Practices Actduring timber haruest operations. The guidelines are standards in the industry and are generally followed during all operations performed by licensed and bonded logging contractors. 7 8rt-22-000213-TYP2 Finding: The site that is subject to the tree felling request is within the Springfield UGB and City limits. For this reason, the proposed tree removal does not rise to the level of a regulated timber haruest 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 contractors 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 and discussed in the above finding, staff finds this criterion not applicable. H. Whether transpoftation of equipment to and equipment and trees from the site can be accomplished without a major disturbance to nearby residents. Applicant Narrative:. The general contrador, licensed in the State of Oregon, will superuise the transportation of equipment and trees from the site in compliance with the approved traffic control plan. The general contrador will comply with city noise regulations and other requirements to minimize disturbance to nearby neighbors, o Trees and debris hauled from the site will use 48h Street to minimum impacts on local streets to the east of the site. Finding: The applicant's Tree Felling Plan indicates that trees will be cut and hauled offsite. The site is accessible through 48th Street as well as "B", Beaver, and "C" Streets to the east. The applicant proposes to exclusively use the 48th Street right of way to limit disturbance to the residential propefties to the east. Finding: The site's location and proposed access to 48th Street, a major collector, 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: The tree removal activity is a short-term step necessary to prepare the site for future construction and is not out of character with typical construction activities in the area. Therefore, staff finds that the activity will not create a conspicuous change to the traffic patterns 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 OF APPROVAL: 1. Prior to felling of any tree on site, the applicant must obtain a Land Drainage and Alteration Permit (LDAP) to ensure Best Management Practices (BMPs) for preventing and/or controlling erosion, sedimentation and other construction related impacts to water quality, the environment, and existing City infrastructure. DEVELOPM ENT ADVTSORY/ RECOM M EN DATION : The applicant is advised to contact the Oregon Depaftment of Forestry for helpful information regarding safety and fire prevention. Summer months are typically hot and dry and fire officials urge extreme caution during all mowing and logging activity. In extreme circumstances, the National Weather Service may issue a Red Flag Warning prompting Springfield, Lane County and State fire officials to limit or order 8tt-22-000213-T\?2 8 the shutting down of all operations in the area. To ensure that the above criterion is met in respect to wildfire, it is required as a condition of approval that Logging, felling, or other tree removal activities must not occur during National Weather Service Red Flag Warnings or by Order of a State of Oregon, Lane County, or Springfield/Eugene Fire official. The above findings, condition of approval, and conclusions demonstrate that the proposal meets the standards of SDC 5.19.125 for Tree Felling Permit Approval. This written decision constitutes appnrval 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 at54l-736-1003 (direct) or by email: alarson@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 Pradices Manual. All felling and removal activities shall be peformed 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 ISDC 5.19.125]. ADDITIONAL IN FORMATION 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 November 30, 2022. 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@sprinqfi eld-or.gov. a a a a 9 9tt-22-000213-TYP2 iffi CITY OF SPRINGFIETD DEVELOPMENT & PUBUC WORKS 225 5th st. SPRINGFIELD, OR97477 Teresa Bishow Bishow Consulting, LLC PO Box 50721, Eugene, Or974OS A gq) E .LC) -s,{-, HffiT CITY OF SPRINGFIETD DEVELOPMENT & PUBLIC WORKS 225 5th St. SPRINGFIELD, OR97477 E Cherry Springs, LLC Brent Lanz, Manager 3025 W 7th Place Eugene, Or 97402