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HomeMy WebLinkAboutNotice PLANNER 4/6/2010 . ,,=CENED APR - 6 2010 AFFIDAVIT OF SERVICE By:~f0~ ,~ 10 IO~~ STATE OF OREGON) )ss. County of Lane ) I, Karen LaFleur, being first duly sworn, do hereby depose and say as follows: 1. I state that I am a Program Technician for the Planning Division of the Development Services Department, City of Springfield, Oregon. 2. I state that in my capacity as, Program Technician, I prepared and caused to be mailed copies of.f:{Mf.i1 42, l',Ol'~1t:- - J;,u J~t ~ - ~ J(~ (See attachment nAn) on .2010 add ssed to (see Attachment Bn), by causing said . letters to be placed in a U.S. mail box with postage fully prepaid thereon. ~~:LEUrr~ , STATE OF OREGON, County of Lane -'l ~ & . 2010. Pe~onally appeared the above named Karen LaFleur, Prog am Technician, who acknowledged the foregoing instrument to be their voluntary act. Before me: ' . OFFICIAL SEAl DEVETTE KELLY '. .' NOTARY PUBliC. OREGON COMMISSION NO. 420351 MY COMMISSION EXPIRES AUG. 15, 2011 (y~ JO~ 'f Its-II ( I l My Commission Expires: . . Staff Report and Notice of Decision Tree-Felling Permit Type" Relief Nursery Project Name: Tree-Felling Permit - Relief Nursery Project Proposal: To remove trees necessary to construct a Pre-school and Social Services Center with required parking and landscaping. Case Number: DRC2010-00009 Project Location: The site is a vacant lot southwest of 42"' and Mt. Vernon Rd. The Lane County Assessor's Office shows a site address of 850 South 42"' Street. The location is identified as Assessor's Maps 18-02-0S-22 TL 1400 (Owned by the Relief Nursery) and 18-02-0S-23 TL 101 (Owned by School Dist. 19). ' Plan and Zoning Designations Zoning: Community Commercial Overlay Districts: N/ A Applicable Refinement Plan and Designation: N/A Metro Plan Designation: Commercial Processing Application Submitted Date: 3/15/2010 Decision Issued Date: 4/6/2010 Decision: Approval Appeal Deadline Date: 4/21/2010 Associated Applications: DRC2009-00047 Site Plan Review ~~t7'~f!1;;4~~J)jJ~f+~i~~r~~~ttl~Qf:I~I1R!~€frt~p~t?fflf~i.?ffj';iff!;fl;RfJllfWd~M;~'t~';;~'4j~fiJ!!;/f}~t~i0fJ+f!!t11 POSITION REVIEW OF NAME PHONE Planner III Land Use Planning Mark Metzger 726-3775 Transportation Planner Transportation Jon Driscoll 726-3679 Public Works Engineering Sanitary & Storm Sewer, Eric Walter .736-1034 Utilities & Easements . Deputy Fire Marshall Fire and Life Safety Gilbert Gordon 726-2293 Community Services Manager Building Dave Puent 726-3668 t~4j~~~E'2:,~:t:l::~if;;J~,'!li:;iQ}liN~lll~~~~'~Nt$;~mt~J,J,~_~f;f~~ll~~i~ fAJjJji;jGA'tirtlf;!iiEljlitSE]Vfi~t!VfSjD"t"';! Relief Nursery Springfield School District Rowell Brokaw Architects 720 W. 25'h Ave. 525 Mill Street 1 East Broadway, Suite 300 Eugene, OR 97405 Springfield, OR 97477 Eugene, OR 97401 Irene Altucker Jeff DeFranco Lori Nelson Peter King Branch Engineering 310 Fifth Street Springfield, OR 97477 Greg Mower DRC2010-00009 Tree Felling Permit Relief Nursery April 6, 2010 . I. EXECUTIVE SUMMARY AND DECISION . The Relief Nursery proposes to construct a 14,902 square foot combined pre-school and office complex. The development combines social service offices and pre-school classroom and care facilities. The proposed tree-felling is required to accommodate development ofthe Relief since the construction ofthe facility. Aerial Vicinity Photo Tree Removal Plan It . . . n c:llflImt :.r II) II( IIbIOlG ""'- Q.&GI:II.JClUSWU:'IO"~ ..~- nIQ:l'JllttJDIil:_ fI'r~IIDfT-4'~" SIIIU:f~J1J_ (lIIl'IaoCiIIlIWT-Q'~" z . -- .~J " , ... ~ --- " , J~ , I . I ~ . ,/ II ---- --_.~ ------ ~. ~ . "-' ~ :':: .....1.'. ~., '0. .,.~. . ;'. }.;~__.~... .;~;! ,~;..' :;., ;..:.~~ ;...~ ~ ~:~ " .' -.'" f.,': ".:." ...~~'. ..~:"~ ",_ -~.: .. ; ..; . t..' ',' ,'":'\' ;,' '. DRC20JO-00009 Tree Felling Permit Relief Nursery Apri/6,2010 . ~ '~''':' .:.-' 2 . . Site Photo The applicant's tree removal plan shows that 11 trees must be removed to accommodate construction. ~rom the aerial photographs, there appear tobe more than 11 trees located within the development envelope. In fact, the Development Code only counts trees with a 5- inch diameter when measured four feet above the ground. There are several small trees and clumps of small trees with diameters less than 5 inches on the site. The approved landscape plan shows 14 new trees will be planted as part of the new development. The project was. reviewed against development standards found in the Springfield Development for approving a Tree-Felling Permit found in SDC Section 5.19-125. Based on the findings of fact made by staff, the tree-felling project is approved. II. PROCEDURAL REQUIREMENTS FOR SITE PLAN REVIEW SDC 5.17-130 This application is reviewed under Type II (administrative) procedures listed in Springfield Development Code (SDC) Section 5.1-130. Type II procedures require that mailed public notice of the proposed development be sent to residents and landowners within 300 feet. SDC Section 5.1-130 (B) describes the required content ofthe mailed notice and indicates that there is a 14- day comment period allowed for receiving public comment on the proposal. 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 Appeals at the end of this decision.). DRC2010-00009 Tree Felling Permit Relief Nursery April 6, 2010 3 . . In addition to mailed public notice, evaluation of the proposal by the Development Review Committee is required under SDC Section 5.1-130 (C). The Development Review Committee is composed of staff from various city departments and staff from various other agencies which provide urban services with Springfield's planning'jurisdiction. Finding #1. Mailed notice of the proposed site plan modification was sent to residents and property owners within 300 feet of the subject site on March 17, 2010 as verified by affidavit. No comments were received from the public. Finding #2. Notice of the tree-felling was sent to participants on the Development Review Committee. A meeting was held on April 6, 2010 to review issues of compliance of the proposal with applicable development policies and standards. Finding #3. Development Review Committee participants submitted no comments that registered a concern with the proposed tree-felling. Conclusion: followed. Procedural requirements for processing a Type II Site Plan Review have been IV. TREE-FELLING CRITERIA OF APPROVAL The approval criteria for a Tree-Felling Permit are found in SDC Section 5.19-125. 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 criteria: SDC Section 5.9-125 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. Finding #4. This criterion is not applicable. The proposed tree-felling is to allow new construction. 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 streams; scenic quality; and geological sites. Finding #5. The subject site has the Metro Plan designation, Commercial. The zoning for the subject site is Community Commercial. Finding #6. SDC 3.2-310 permit the child care and office uses are permitted within the Community Commercial zone. The proposed uses are consistent with the description for the Commercial designation on the Metro Plan Diagram. DRC2010-00009 Tree Felling Permit Relief Nursery Apri/6,2010 . 4 . . Finding #7. SDC Section 3.2-320 is a table showing elements of the base zone standards such as minimum lot size, lot coverage, setbacks and other dimensional standards for development within the Community Commercial zoning district. The proposed site plan complies with each of the base industrial zone standards found in SDC Section 3.2-320. Finding #8. The Commercial zoning district standards contain no applicable environmental design policies or other policies in general that would limit of prohibit the proposed tree- removal to allow construction ofthe project. Finding #9. Landscaping standards are required as part of Site Plan Review. The submitted landscape plan was consistent with the landscape standards found in SDC Section 4.4-10S. 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. . Finding #10. SDC Section 5.19-110 A. states, "A Tree Felling Permit shall be required prior to the felling of more than 5 trees 5-inch dbh (diameter at breast height) or larger within a period of 12 consecutive months from a lot/parcel of private property under common ownership consisting of 10,000 square feet or more of total area." Finding #11. The proposed tree-felling is required to accommodate development of the Relief since the construction of the facility. The applicant's tree removal plan shows that 11 trees must be removed to accommodate construction. Finding #12. A Site Plan Review Application (DRC2009-00o47) was filed with the City for this development. The landscape plan for the site shows that all of the trees proposed for removal are in the immediate vicinity of the planned location of the Relief Nursery facility and required parking and landscaping. 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 drainageways and water areas shall be retained to preserve riparian habitat and to minimize erosion; 2. Wooded areas that will likely 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 windthrow; 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. DRC2010-00009 Tree Felling Permit Relief Nursery April 6, 2010 5 . . Finding #13. This criterion is not applicable. The proposed tree-felling is to allow new. construction that is part of a site plan that is related to this proposal. E. Whether the applicant's proposed replanting of new trees or vegetation is an adequate substitute for the trees to be felled. Finding #14. The applicant's landscape plan for the new development shows that the 11 trees will be removed. The landscape plan for the site shows the trees that are to be removed will be replaced with 14 new trees. Additional shrubs and grass areas will be planted at a replacement ratio, planting density and the placement of the vegetation which is consistent with landscape planting standards found in SDC Section 4.4-105. F. Whether slash left on the property poses significant fire hazard or liability to the City. Finding #lS. Slash and residual tree debris will be removed as part of the site development. 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. Finding #16. This criterion does not apply to the proposed tree-felling. The Field Guide to Oregon Forestry Practices applies to open forest management for commercial logging. That said, the tree-removal plan has a construction note indicating that the removal will follow the Field Guide practices. H. Whether transportation of equipment to and equipment and trees from the site can be accomplished without a major diSturbance to nearby residents. Finding #17. There is adequate existing access into the area where trees will be removed. Removal will not cause disruption to traffic or other off-site neighborhood activities. The tree removal plan has a construction note indicating that equipment and removed trees shall access the site using the existing driveway onto 42"d Street. Conclusion: Based on the findings of fact made by staff, the criteria for approving a Tree-Felling Permit are satisfied by the submitted proposal. IV. DECISION-APPROVAL as of the date of this letter. This is a limited land use. decision made according to city code and state statute. Unless appealed, the decision is final. Please read this document carefully. The standards ofthe Springfield Development Code (SDC) applicable to each criterion of the Tree-Felling Permit approval criteria are listed herein and are satisfied by the submitted plans and notes unless specifically noted with findings and conditions necessary for compliance. Tree felling conducted must be in conformance with the approved plan. Other Uses That May Be Authorized By the Decision: None. The proposed uses are permitted in accordance with Springfield Development Code. No other uses are authorized by this decision. Final Site Plan and Building Plans must conform to this decision. DRC20/O-00009 Tree Felling Permit Relief Nursery Apri/6, 20/0 6 . . 'I . ADDITIONAL INFORMATION: The application, all documents, and evidence relied upon by the applicant, and the applicable criteria of approval are available for free inspection and copies are available at a cost of $0.75 for the first page and $0.50 for each additional page at the Development Services Department, 225 Fifth Street, Springfield, Oregon. APPEALS: If you wish to appeal this Tree-Felling Permit, a Type II Limited Land Use decision, your application must comply with SDC 5.3-100, APPEALS. 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. In accordance with 5DC 5.3-115 which provides for a 15 day appeal period, the appeal period for this decision expires at 5:00 p.m. on 4/21/2010. QUESTIONS: Please contact Mark Metzger at the City of Springfield Urban Planning Division, 726-3775 if you have questions regarding this process. DRC20JO-00009 Tree Felling Permit Relief Nursery April 6. 2010 7 . . ": .' CITY OF SPRINGFIELD DEVELOPMENT SERVICES DEPARTMENT 225 5th ST SPRINGFIELD, OR 97477 '""". ' Relief Nursery 720 W 25th Avenue Eugene, OR 97405 Attn: Irene Altucker 13 \ '\ " \"; . \. " , \. '. , , -- .... ~llIlIf" . DEVELOPMENT SERVICES PLAIIINING DEPARTMENT 225- FIFTH STREET SPRINGFIELD, OR 97477 225 FIFTH STREET SPRINGFIELD, OR 97477 PLANNING DEPARTMENT 225 FIFTH STREET SPRINGFIELD, OR 97477 . Springfield School District 525 Mill Street Springfield, OR 97477 Attn: Jeff DeFranco Rowell Brokaw Architects 1 East Broadway, Ste 300 Eugene, OR 97401 Attn: Lori Nelson, Peter King Branch Engineering 310 Fifth Street Springfield, OR 97477 Attn: Greg Mower