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HomeMy WebLinkAboutComments PLANNER 4/29/2009 ~ " ~ DAVIS Lissa From: Sent: ' To: Subject: Attachments: METZGER Mark Wednesday, April 29, 2009 8:13 AM DAVIS Lissa FW: Property Development Issues COBA-01 DIM App,rtf From: METZGER Michael Sent: Tuesday, April 28; 2009 7:25 PM To: METZGER Mark Subject: FW: Property Development Issues From: Loran Waldron [mailto:lwaldron@landandwater.biz] Sent: Tuesday, April 28, 2009 15:52 To: METZGER Michael Subject: Property Development Issues Mr. Metzger, Mr. Cobarrubia and I attended a Development Issues Meeting on April 23, 2009 concerning his property located on South 59th St. in Springfield (Tl7S, R2W, S34, TL 503). The property has some development issues, including wetlands and the location of a storm sewer crossing the property. The issue that I would like to discuss with you is the Locally Significant Wetland classification that has been assigned to the wetlands on the property. I have attached a copy of the information and questions that we submitted prior to the meeting. I agree with the location of the wetland boundary shown in the Local Wetland Inventory. In fact the wetland delineation that my firm conducted showed essentially the same boundary and we have received concurrence from DSL on that delineation. My question has to do with the classification of the wetlands on that property as Locally Significant, and mapped as Palustrine Forested (PFO) wetlands. It is my contention that this is a mapping error. Our delineation identifies the wetland on the property as Palustrine Emergent (PEM), one of the most common wetland types in the Willamette Valley. The Locally Significant PFO wetland boundary should coincide with the edge of the forested wetland at the base of the hill, along the south edge of the lot. During the meeting, Lissa Davis said that the classification as locally significant was a state process and that to get it changed, another wetland assessment would have to be done and submitted to the state for approval, and then the state would make the changes on the map. I pointed out that I had talked to DSL concerning this issue and was told that it was a local planning issue and that the City chose to apply the designation under the Goal 5 planning guidelines, and if the designation is changed, it will be the City that will do it. I found that the DSL publication Frequently Asked Questions About Local Wetlands Inventories states "Once the L WI is completed, the city will identify the significant wetlands and work with citizens to develop appropriate ordinances that apply to those wetlands." I also found that the Springfield Development Code 4.3-1 I 7 B.l.a. states that "The City shall ~ete~ine w~c~ wetlands are locally significant...". Lissa suggested that you mi0~e able to give me some dIrectIOn on this Issue. 'Date Received: 4- Iocr I Planner: W ~<;.s(t, ~un- 10}-2-- . , The Springfield Development Code, Section 4.3-117 B.4. addresses inventory map corrections. It states that "The Director may correct the location of a wetland or riparian boundary...when it has been demonstrated by ! property owner or applicant that a mapping error has occurred and the error has been verified by DSL." In thi~ instance, my firm has conducted a wetland delineation that has been concurreq with (verified) by DSL. The I delineation characterizes the wetlands on site as "Palustrine Emergent, Seasonally Flooded/Saturated (PEME)i' and states that "Wetlands also extend off site to the south as a thin band of Palustrine Forested (PFO) wetland~ located at the toe of a steep slope". How the wetland is Classified becomes a very important point in light of the location of the storm sewer that crosses the property. The storm sewer crosses through the middle of the upland portion ofthe property north of the wetland boundary, making the upland portion un-buildable. If the Locally Significant classification cannot be changed, Mr. Cobarrubia owns what essentially becomes a non-developable, and therefore valueless, city I( t. If the classification is changed, Mr. Cobarrubia will still need to apply to the City for a variance to build on th, lot, as well as apply to DSL and the Corps for a permit to fill wetlands. As I said previously, ~ believe the issue actually amounts to no more than a mapping error which should be easily corrected within the guidelines and provisions of the existing development code. Please let me know how we should proceed to resolve this issue. Thank you very much. Loran Waldron Land And Water Environmental Services, Inc. Vice President Biologist (541) 672-0393 email: lwaldronliil.landandwater.biz web page: www.landandwater.biz . ,;,,,\.jCl..~l:1 o.-t,.r. ~___.~. ______~_ .t.~ '/ .;;,,)...1 f ;:IJ;':; ~ ~ :~~nnf)jCi' 2