HomeMy WebLinkAboutNotice PLANNER 5/12/2006
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AFFIDAVIT OF SERVICE
RECEIVED
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By: , (ShM-U$ ~.
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STATE OF OREGON)
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County of Lane )
1. I state that 1 ama Program Technician for the Planning Division of the
Development Services Department, City of Springfield, Oregon.
I, Karen LaFleur, being first duly sworn, do hereby depose and say as follows:
2. I state that in my c~aCitv, as, Program Technician. ! PJepared and caused to be
.1 d . f 0 ~2.DiJl6'ooo<yZ- ~~- .
mal e .copies 0 _..., q.. ~ ~e R-'C1' JN~
(See attachment nAnfon 5 II ~ ,2006 addressed to (see
Attachment Bn), by causing said letters to be placed in a U,S. mail box with
postage fully prepaid thereon.
Ji~Jlrd--~
STATE OF OREGON, County of Lane
, 2006. Personally appeared the above named Karen LaFleur,
chnician, who acknowledged the foregoing instrument to be their VOluntary
me:
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"My Commission Expires: !I~7!o1
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, . OFFICIAL SEAL ('j
I SANDRA MARX
j " . NOTARY PUBLIC, OREGON I
I COMMISSION NO. 385725 j
j MY COMMISSION EXPIRES NOV. 12,2008 a
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NOTICE OF LIMITED LAND USE DECISION - TREE FELLING.
Journal Number:
DRC2006-00042
Owuer/Ooerators:
Gray, Jacqua, Cook LLC
Attn: Mr. Hugh Gray
35300 Hendrick Road
Creswell, OR 97426
Date of Letter:
May 12, 2006
Associated Files:
TF90-06-94
TF91-06-88
TF94-04-87
TF98-05-101
DRC2003-00028
REOUEST: The applicant is requesting approval ofa Tree.Felling Permit to continue a forest
thinning plan initiated with City permits in 1990. Mr. Gray has proposed a timber harvest plan
including selective thinning, natural slash treatment and transportation methods designed to
reduce impacts on the existing haul roads. The goal of the project is to remove approximately
1000 trees from 125 acres of timber managed in four planning areas on the 175 acre property,
excluding 25 acres of self imposed buffer area on the west boundary of the site and the 25 acres
adjacent to Main Street The site is a Century Farm; the Gray family has owned, logged and
maintained the site for approximately 150 years.
DECISION: This Tree Felling Pemlit is Approved with Conditions. This letter, along with the
submitted Harvest Plan and Diagram constitute the penn it The decision is valid for 12 months
from the date of this letter.
SITE INFORMATION: The site is
addressed as 7606 McKenzie Highway,
Springfield, OR 97478 and is otherwise
identified as LC Map # 17-02-35, Tax Lots
3500 & 3604 and LC Map #18-02-02, Tax
Lot 100. The property is a timbered hillside
generally extending south from Main Street
between 72"" and 79'h Streets to the visible
ridge line. The proposed cutting begins
south of the meadows adjacent to Main
Street and extends to the south ridgeline.
The property is zoned Low Density
Residential! Urban Fringe -10; the. Metro
Plan designation is LDR.
Main St Vicinity Map (S. 72"d to 79'h Streets)
REVIEW PROCESS: This application is reviewed under Type II procedures listed in
Springfield Development Code Section 3.080 and Tree Felling standards of SDC 38.040.
Procedural Finding: Staff reviewed the submitted Harvest Plan and Diagram detailing the
proposed cutting in specific detailnsing text, diagrams and tables identifying harvest and buffer
areas, methods ofremoval and the numbers of trees to be removed. City staffs review comments
have been reduced to findings and conditions only as necessary for compliance with the Tree
Felling Criteria of SDC 38.040.
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 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 (See Written Comments below and Anneals at the end ofthis
decision.)
WRITTEN COMMENTS: Limited Land Use Decisions require the notification of property
. owners/occupants within 300 feet of the proposed development, allowing for a 14-day comment
period prior to the staff decision. One letter was received during the notification period fonn
Michael P. Tomcal, 7217 Holly Street, Springfield OR 97478. The complete transcript of the
letter is made a part of this decision by reference and is available for review at the City of
Springfield Planning Division. The letter expressed concems regarding I) soil stability, and,
2) verification of actual trees removed. The neighbor's concems are addressed below:
Soil Stability
"Before additional thinning is approved, the city needs to require a complete, thorough soil analysis of the.
area affected. This would include deep soil borings throughout the entire area. Past evidence clearly shows
that Ulis would be a reasonable exercise of due diligence. We are proof that terrain failure is not a spurious
claim as our own property had such a failure. Despite what "experts" considered a thorough soil testing, a
section oflerrain began to slide two years after completion of the project. In rectifying the situation,
evidence of a slide happening at least 100 years ago was uncovered. The terrain that sunk would be
considered the same as fill and thoroughly unstable. Nonnal soil borings did not uncover this problem."
Staff Response: The respondent's 5 acre property abuts the 175 acre subject site at the northwest
comer of the proposed 25 acre buffer area. All proposed cutting will be on the other side of the
buffer area from the subject site (See Exhibits 1-4 of this report.) The respondent's property is
west of the buffer area and app'roximately a qnarter of a mile west of the work area. The
referenced slide problems resulted on the respondent's property after excavation for residential
construction on the respondent's property.
The proposed work on the subject site will result in the falling of approxinlately 6-8 trees per acre
with removal by rubber tired vehicles from established landings and haul roads. The thinning
work will not involve any excavation, mass soil disturbance, clear cutting or substantial canopy
removal. Slash will not be gathered and burned but will be allowed to.decay naturally under
forest canopy. All riparian areas are protected and the applicant has proposed an L shaped buffer
area approximately 25 acres in size that precludes .Iogging of the benches and slopes along the
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west boundary of the subject site, including the small ridge nearest to therespondent's property.
The work on the subject site is consistent with past practices by the family over the last century
and work pemlitted by the City since 1990. No soil erosion problems or mass movements have
resulted rrom similar logging work permitted by the City or perfomled by the applicant on the
snbject .site.
In conclusion, no excavation or clear cutting is proposed. Erosion control measnres and buffer
areas have been provided. The work proposed under this permit is physically separated from the
respondent's property by a small ridge line located within the buffer area. The protections
proposed and conditioned herein on pages 6-8 will minimize and limit physical impacts of the
proposed thinning operation to the work areas, on the subject site. For these reasons, no geologic
exploration is required by this permit.
Verification of Actual Trees Removed
"Lastly, the City of Springfield needs to closely monitor the thinning of trees on the proposed application.
This means significantly more reQ:ulatorv oversight than the minimum standard procedures. The City
should not take a passive role in the thinning due to the potential dangers. If the permit is not proactively
monitored by the City, the risk of the applicant taking down more trees than allowed would be a real threat
to the adjacent property owners. Negligence in the enforcement of this permit could result in the potential
liability to the applicant and the City of Springfield should hann be done. Possible hann includes soil
erosion, mud slides or terrain failure." .
Staff Response: The respondent's concems are reasonable given the size of the site. As
conditioned at pages 6-8 of this report: I) the buffer areas will be flagged in the field, 2) visual
inspections and photo documentation of the work areas will be performed before and after the
permitted work, and 3) total number of trees, loads and approximate board feet of lumber
removed will be submitted to the City upon completion of the work.
CRITERIA FOR APPROVAL: 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 following standards:
(1) Whether the conditions of the trees with' respect to disease, hazardous or unsafe
conditions, danger offalling, proximity to existing structures or proposed
constructioo, or interference with utility services or pedestrian or vehicular traffic
safety warrants the proposed felling.
Staff Findin<!s:
L A small number of trees to be removed from within the 150 acres of timber may be
diseased or d~ngerous but the majority of trees to be removed are healthy conifers.
2. The trees to be removed are merchantable timber that are being felled to generate income
for the owners and maintain the health of the stand.
3. There are "no conflicts with utility services or traffic safety because the site is within the
Urban Fringe Overlay District and there are no urban services extended to the site.
Conclusion: This standard does not apply because the work area is within a stand of healthy
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timber located onprivate property outside city limits.
(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,
ioduding 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.
Staff FindinQs:
I. Natural Resources Policy 18 of the Eugene-Springfield Metro Plan directs local
governments to develop plans and programs which carefully manage development on
hillsides and water bodies and.restrict development in wetlands in order to protect the
scenic quality, surface water and groundwater quality, forest values, vegetation, and wild
life values.
2. The Springfield Development Code (SDC) is an iniplementing ordinance of the Metro
Plan and Article 38 TREE FELLING STANDARDS generally implement the relevant
elements of the Metro Plan. Standards contained in Section 38.040(4)(a-f), below,
specifically address the preservatio1.' of environmental qualities.
3. "Commercial" thinning operations within the Urban Fringe Overlay must comply with
the State Forest Pmctices Act as required at SDC 38.040(7) below. A pemlit from the
Oregon Department of Forestry is not required.
Conclusion: The site is within the UF-I 0 Overlay District and is subject to City land use
jurisdiction; no state forestry penn its are required. SDC Article 38 implements the applicable
policies of the Metro Plan by requiring affirmative findings for 38.040(4)(4(a-f) as a condition of
approval for a tree' felling pemlit. The applicant has met all applicable standards contained in this
Article, therefore the above criterion has been met
(3) Wbether it is neccssary to remove trees in order to construct proposed
improvements in accordance with an approved development plan, grading permits
and construction drawings.
StaffFindinl!s:
I. No improvements are proposed or approved.
2. The site is in the Urban Fringe area of the city and wi\l not be improved until annexed to
the City of Springfield. .
Conclusion: For the reasons stated above, this criterion does not apply.
(4) In the event that no Dcvelopment Plan has been approved by the City, felling of
trees shall be permitted ou 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.
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(a) wooded areas associated with natural drainageways and water areas shall
be retained to preserve riparian habitat and to mioimize erosion;
Staff Findings:
1. There is one seasonal creek with a relatively large upstream drainage basin located along
the east property line of the subject site. The drainage way crosses the subject site from the
south east to the northwest, entering the site approximately 1000 feet north of Main Street,
ontside ofthe.proposed work area. The drainage basin extends to the southeast on to
adjacent properties.
2. The proposed work area begins roughly 1500 feet north of Main Street and no cutting is
intended within the drainage way. However some timber may be felled in the southerly
stand of trees along the east boundary line. Due to the relative proxinlity of the work area to
the upper basin and the point where the.drainage way enters the property, protective
measures shall be applied to further safeguard the drainage way pursuant to the above
standard.
3. A 50 foot setback staked and flagged from the drainage wily's top of bank will provide
reasonable protection for the proposed thinning operation. Photographing the setback area
before and after the work is performed will document the protection.
(b) wooded areas that will likely provide attractive on-site views to occupants of
future developments shall be retained;
4. The proposal is for removal of an average of 6-8 trees per acre on the 125 acre work site.
The average existing density is approximately 350 trees per acre.
5. The results of several similar thinning operations on the site in 1990,91,94,98, and 2003
are virtually. undetectable from below the subject site.
6. Selective thinning in a large dense stand increases the growth rate of the remaining trees and
canopy cover will not be adversely affected in the short or long tenn.
(c) wooded areas along ridge lines and hilltops shall be retained for their
scenic and wildlife value;
7. The site has a densely timbered ridgeline and hillside visible from the north, east and west
8. The removal of 6-8 trees per acre along the ridgeline will not create or enlarge visible gaps
in the skyline along the ridge top or reduce the scenic and wildlife value of the stand.
(d) wooded areas along property lines shall be retaiued to. serve as buffers from
adjacent properties;
9. The work area is a 150 acre "panhandle" shaped portion of the 175 acre site.
10. The work area abuts other UF-IO lots to the south and east and a majority of the west
boundaries; the site abuts al111exed residential properties along the northwesterly comer of
the "pan" portion of the lot
II. The applicant proposes a 25 acre "L" shaped buffer area along the northwest comer. of the
pan portion to protect the residential properties from physical and audible impacts.
12. The bnffer area includes the majority of the small ridge above neighboring properties.
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(e)' trees shall be retaiued in sufficiently large areas and dense stands so as to
ensure against windthrow;
13. Removal of 6-8 trees average per acre of a 150 acre stand of trees will not affect risk of
windthrow.
(t) 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.
14. No clear cutting is proposed.
15. The plan will leave 150 acres of timber with an average density of 350 trees per acre to
preserve the forested character of the site. Future subdivision and housing design options
are unaffected by the proposed thimling.
Conclusion: The proposed thinning operation removes 8 trees per acre from a timber stand with
approximately 350 trees per acre average density;.or stated conversely, preserves 98% of the timber
on site. The above findings demonstrate that the proposed cutting generally preserves the future
development potential ofthe property. As conditioned below to specifically address the protection
of the identified drainage way and the proposed buffer area, this standard has been met:
Condition I: No thinning will occur within buffer, riparian or other protected areas. T\,e protected
areas described and shown on the Timber Harvest Plan and Diagram shall be flagged for
identification prior to the commencement of the work. The drainage way south of the main thinning
area shall be flagged 50 feet back from the top of bank. Flagged areas shall be photographed before
and after the proposed work.
(5) Whether the applicant's proposed replanting of new trees or vegetation is an
adequate substitute for the trees to be felled.
Staff FindillQs:
I. The proposal is to thin trees within a relatively dense forest The thinning of trees and
canopy cover will increase growth rates of remaining trees.
2. Replacement trees (seedlings, saplings, small trees) are already growing in each plan area
in sufficient densities to replace canopy cover and densities of the existing stand.
Conclusion: No replanting is necessary if trees are thinned at the rates proposed. The following
condition of approval is applied to document the proposed thinning:
Condition 2: No trees in excess of proposed thinning rates shall be cut A representative number
of sample plots (as described in the Harvest Plan and used for tree counts) shall be photographed
before and after proposed work to document thinning operations. Other areas shall be included at
the discretion of the Director's representative in the field. Upon completion of the work, the
owner shall submit to the City the total nnmber of trees felled, loads removed from the site and
approximate board footage harvested.
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(6) Whether slash left on tbe property poses significant fire hazard liability to the.
City. .
Staff Findin"s:
1. The applicant intends to disperse slash on the forest floor for decomposition, the slash
will not be gathered, and removed or bumed on site.
2. The anlOunt of slash created by felling 2% of the existing stand is negligible in temlS of
increasing forest fire hazards.
3. The proposed practice is a proven method of soil and moisture retention under forest
canopy which reduces forest fire hazard.
Conclusion: As proposed, this standard has been met
(7) Whether tbc felling is consistent with thc guidelines set forth in the Field Guide to
Oregon Forestry Practices Rules published by the State of Oregon, Department of Forestry,
as tbey apply to the northwest Oregon region.
Staff FindinQs:
L The subject site falls under the land use jurisdiction of the City of Springfield and is
regulated by the standards of SDC Article 38 for tree felling.
2. Proposed thil111ing operations shall be generally consistent with the Field Guide to
Oregon Forestry Practices Rules to ensure fire prevention and safety standards in the
industry are followed during logging operations.
3. The submitted Timber Harvest Plan addresses logging methods and practices consistent
with the recommended guidelines ofODF Forest Practices Field Guide (2/27/98).
Conclusion: The applicant has participated in and supervised numerous thil111ing operations on
the subject site and is familiar with fire prevention and safety standards of the logging industry.
As submitted, the applicant's Harvest Plan is consistent with state guidelines for forestry
practices. The applicant shall be responsible for and oversee thil111ing operations on the subject
site.
(8) Whether transportation of equipment to and equipmeut aud trees from the site can
be accomplished without a major disturbance to nearby residents.
Staff Findinl!s:
L Access to the site will be from the family's existing driveway on OR Highway I 26/Main .
Street, which is located Y. mile east.of Springfield Memorial Cemetery. No local streets
will be used for hauling. '
2. County and state haul permits for public rights of way must be acquired as necessary,
consistent with the submitted Timber Harvest Plan.
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3. The area to be cut is located on the other side of a 25 acre buffer from established
residential neighborhoods and streets. Loading and hauling will occur on established haul
roads and skid trails on the subject site.
4. Log trucks and saws may be andible from the nearest residence but will not violate
Oregon Department of Environmental Quality or City noise standards.
5. Work will last 45-60 days if work begins in early June and is allowed to be completed
prior to dry season fire restrictions.
6. The applicant must notify the City of Springfield 5 days in advance of the beginning of
operations.
Conclusion: Staff finds that, as conditioned below, the transportation of equipment and trees can
be accomplished without major disturbance to nearby residents: ,
'Condition 3: All hauling of equipment and trees shall use OR Highway I 26/Main Street and shall
be in accordance with all applicable Lane County and State of Oregon regnlations and permits.
COIldition 4: The applicant must notify the City of Springfield 5 days in advance of the' beginning
of operations.
CONCLUSION AND DECISION:
The above findings and conclusions demonstrate that the proposal, as conditioned below, meets
the standards of SDC 38.040 for Tree Felling Pemlit ApprovaL This written decisior}the written
operations plan and diagram constitute the Tree Felling Permit.
The following conditions of approval shall apply:
Condition 1: No thinning will occur within buffer, riparian or other protected areas. The
protected areas described and shown on the Timber Harvest Plan and Diagram shall be flagged
for identification prior to the commencement of the work. The drainage way south of the main
thinning area shall be flagged 50 feet back from the top of bank. Flagged areas shall be
photob'faphed before and after the proposed work.
Condition 2: No trees in excess of proposed thinning rates shall be cut A representative
number of sample plots (as described in the Harvest Plan and used for tree counts) shall be
photographed before and after proposed work to document thinning operations. Other areas
shall be included at the discretion of the Director's representative in the field. Upon
completion of the work, the owner shall submit to the City the total number of trees felled,
loads removed from the site and approximate board footage harvested.
Condition 3: All hauling of equipment and trees shall use OR Highway I 26/Main Street and
shall be in accordance with all applicable Lane County and State of Oregon regulations and
permits.
Condition 4: The applicant must notify the City of Springfield 5 days in advance of the
beginning of operations.
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The following general construction practices shall also apply:
. All felling activities, including ingress and egress for the logging operations, shall include
erosion control measures in confomlance with the EIlgineering Design Standards ManuaL
. All felling and removal activities shall be performed in a manner which avoids site soil
compaction around trees to be preserved 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)].
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 $.50 for each additional page.
APPEAL
If you wish to appeal the decision of approval, you must do so by the close of business on May
29,2006. Your appeal must be submitted in accordance with the Springfield Development Code,
Article 15, APPEALS
If you have any questions regarding these matters, please call 726-3660.
PREPA Y
Attaclmlents: Exhibits 1-4
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Work Area
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Concerned Resi(lent
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Exhibit I: Property Line Vicinity Map
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,xhibit 2: Forest Distribot!on
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:ixhibit 3: Subject Site Area From South (Main St in foreground, 72
Exhibit 4; 72 & Holly Street Area (25 ac Buffer Area in Center)
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CITY OF SPRINGFIELD . . . ,
DEVELOPMENT SERVICES DEPARTMENT
225 5th ST
SPRINGFIELQ.OR.9747?
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Gray,' Jacqua, Cook LLC
Attn: Hugh Gray
35300 Hendrick Road
Creswell, OR 97426
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CITY OF SPRINGFIELD:" . '"
DEVELOPMENT SERVICES DEPARTMENT
225 5th ST
SPRINGFIELD, OR 97477
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Michae~ P. Tomcal
7217 Holly Street
Springfield, OR 97478
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