Loading...
HomeMy WebLinkAboutNotice PLANNER 9/8/2010 . .1 ~ I ffiECEIVED AFFIDAVIT OF SERVICE SEP 8 2010 By:1t~1b ~ I b -f 7 fJt:utr STATE OF OREGON) )ss. County of Lane ) I, Karen LaFleur, being first duly sworn, do hereby depose and say as follows: . I 1. I state that I am a Program Technician for the Planning Division of the Development Services Department, City of Springfield, Otegon. 2. I state that in my capacity as, Program Technician, I preJared and caused to be' "mailed copies of iYf'll D- Ocoo2.. 'n~ 0 .J:)Q.1i." ,'tin -.1U.t..~ (See attachment nAn) on q 2010 addressed to (see ~~ Attachment Bn), by causing said letters to be placed ih a U.S. mail box With postage fully prepaid thereon. b~~ I STATE OF OREGON, County of Lane \? 2010. Personally appeared the above named Karen LaFleur, ram Technician, who acknowledged the foregoing. instrum~nt to be their voluntary Before me: . OFFICIAL SEAl DEYEn'E KELLY , NOTARYPUBUC-OREGON COMMISSION NO. 420351 MY COMMISSION EXPIRES AUG. 15, 2011 ~&~ My Commission EXPireJ ~ /;S- /1 ( I , . ~ Notice of Decision -Tree Felling Project Name: East Side Baptist church Project Proposal: Remove sixteen trees to allow expansion of an existing church facility. Case Number: TYP210-00002 Project Location: 4045 Commercial Ave Tax parcel(s): 17-02-31-14-4000 Property size: 3.88 acres Base Zone: MDR (Medium Density Residential) Overlay District(s): 10 - 20 year time-of-travel zone to the Maia Well. Metro Plan Designation: Medium Density Residential Refinement PlanfDesignation' Mid-Springfield Refinement Plan/Medium Density Residential . Application Submitted Date: August 10, 2010 Decision Issued Date: September 8, 2010 Appeal Deadline Date: September 23, 2010 Other Application(s): TYP210-00002 (site plan) CITY OF SPRINGFIELD DEVELOPMENT REVIEW TEAM I . POSmON REVIEW OF NAME PHONE I Project Manager Planning Steve IHopkins 726-3649 , Transportation Planning Engineer Transportation Jesse Jones 726-3720 Utilities, Sanitary & I Public Works Civil Engineer Clayton 736-1036 Storm Sewer I MceaChern I Deputy Fire Marshall Fire and Life Safety GiIbeh Gordon 726-2293 I Community Services Manager Building DavelPuent 726-3668 I APPLICANT'S DEVELOPMENT REVIEW TEAM "'<'.', '>.:C. . ',:.;;q.i- ,'i", ':", ' . ' - ~ " .' - . "" '..~ . -- - "." ," ,'..r.-" ", "- ....~.; '".~' .~".' '. .' "",.,, ,~, " ; "~-' . . ~,,-"" . ....<i.. Owner: Applicant Representative: , East Side Baptist Church Len Arney Rene Fabricant I 4045 Commercial Ave East Side Baptist Church Branch Engineering I Springfield OR 97478 4045 Commercial Ave 3[0 5th Street I Springfield OR 97478 SprinRfield OR 97477 Summary of proposal: Remove sixteen trees to allow expansion of an lxisting church facility. East Side Baptist tree felling Case No, TYP2 J 0-00002 . . " Site: ----,--- Decision: Approval, as of the date of this letter. The standards of the Springfield Development Code (SDC) applicable to each criterion of approval are listed herein and are satisfied by the submitted plans and notes unless specifically noted with findings and conditions necessary 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: None. Future development will be in accordance with the provisions of the SDC, filed easements and agreements, and all applicable local, state and federal regulations. Review Process: These applications are reviewed under Type II procedures listed in SDC 5.1- 130. Procedural Findings: . 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 East Side Baptist tree felling Case No. TYP21 0-00002 2 . ~ comment period on the applications (SDC Sections 5.1-130 and 5.2-115). The applicant and parties submitting written comments during the notice p~riod have appeal rights and are mailed a copy of this decision for consideration. I . Notice was sent to adjacent property owners/occupants within 300 feet of, the subject site on August 13, 2010. I . On August 31, 2010, the City's Development Review Comrnitte,e reviewed the proposed plans. City staff's review comments have been reduced to findings and conditions only as necessary for compliance with the Tree Felling approval diteria contained in SDC 5.19-125. I . This decision was issued on the 44th day of the 120 days mandated by the state. Comments Received: No comments were received. 5.19-125 Tree Felling Approval Criteria 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: A. Whether the conditions of the trees with respect to disease, hJardous or unsafe ' conditions, danger of falling, proximity to existing structures or proppsed construction, or interference with utility services or pedestrian or vehicular traffic safety warrants the proposed felling. 'I Finding: No evidence has been presented that the trees are hazardous or diseased. I ' B. Whether the proposed felling is consistent with State standards, Metro Plan policies and City Ordinances and provisions affecting the environmental qu~lity 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 w~ter quality of streams; scenic quality; and geological sites. , I Finding: The site is generally flat and the trees do not provide any sloFie stability. C. Whether it is necessary to remove trees in order to construct proposed improvements as specified in an approved development plan, grading permits and ~onstruction drawings. Finding: The applicant has submitted a site plan application that shoJs a new church b~ding and parking lot. That site plan requires removal of the proposed trees. D. In the event that no Development Plan has been approved by1the City, felling of trees will be permitted on a limited basis consistent with the preservation of the site's future East Side Baptist tree (elling Case No. TYP21lUJ0002 3 . . 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. Finding: This is not applicable because a site plan has been submitted for expansion of the existing church facility. E. Whether the applicant's proposed replanting of new trees or vegetation is an adequate substitute for the trees to be felled. Finding: In accordance with SDC 5.19-125(E), replacement trees are required and shall be an adequate replacement for the trees to be felled. Finding: The applicant is proposing landscaping around the parking lot and new structures that will mitigate the trees to be removed. F. Whether slash left on the property poses significant fire hazard or liability to the City. Finding: No slash will be left on site. 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: This tree felling is not part of a commercial forest management activity. H. Whether transportation of equipment to and equipment and trees from the site can be accomplished without a major disturbance to nearby residents. Finding: The felling will be done in coordination with the redevelopment of the site. No major disturbance is anticipated. East Side Baptist tree feliing Case No. TYP21 0-00002 4 . ~ DETERMINATION: Based on the evidence in the record. the Director determines the site plan complies with SDC 5.17-125(AHE).. The following general construction practices apply when tree felling is initiated on site: I . Notification shall be provided to the City at least 5 days prior to commencement of the tree felling operation. Please contact Stevbe Hopkins at 726-3649 or shopkins@ci.springfield.or.us. I . All felling activities, including ingress and egress for the tree felling operations, shall include erosion control measures in conformance with the City' ~ Engineering Design Standards and Practices Manual. I . All felling and removal activities shall be performed in a manner which avoids site soil compaction in areas of existing or future landscape planting. I . 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 wa~hed into the storm drain system. 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 I available for a fee at the Development Services Department, 225 Fifth Street, Springfield, Oregon. Appeal: This Type II Tentative decision may be appealed to the Planning' Commission. The appeal may be filed with the Development Services Department bYi11 an affected party. The appeal must be in accordance with SDC, Section 5.3-100, Appeals. An Appeals application must be submitted to the City with a fee of $250.00. The fee will be returned to the appellant if the Planning Commission approves the appeal application. . In accordance with SDC 5.3-115(B) which provides for a 15-day appeal period and Oregon Rules of Civil Procedures, Rule 10(c) for service of notice by mail, the appeal period for this decision expires at 5:00 p.m. on September 23, 2010. I Questions: Please call Steve Hopkins in the Planning Division of the Development Services Department at (541) 726-3649 if you have any questions regarding this process. Prepared by: 5~L Steve Hopkins, AICP Planner II Development Services - Urban Planning Division East Side Baptist tree felling Case No. TYP21 0-00002 5 . . DEVELOPMENT SERVICES PLANNING DEPARTMENT 225 FIFTH STREET SPRINGFIELD, OR 97477 Rene Fabricant Branch Engineering 310 Fifth Street Springfield, OR 97477 SPR'NG"E,"~ mil']~i;J:II.'[tj;i/~~ DEVELOPMENT SERVICES _ PLANNING DEPARTMENT 225 FIFTH STREET SPRINGFIELD, OR 97477 Len Arney East Side Baptist Church 4045 Commercial Avenue Springfield, OR 97478 .. . .. . '.. - .. cc . -,_.:, .~ <I