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HomeMy WebLinkAboutNotice PLANNER 6/3/2009 (2) . . Staff Report and Notice of Decision Tree-Felling Permit Type II Fresenius Medical Care Clinic (PurviS Dialysis) Project Name: Tree-Felling Permit - Fresenius Medical Care Clinic Project Proposal: To remove trees necessary to construct a medical clinic and required parking and landscaping. Project Location: 304 Q Street, Springfield. Date Received: Planner: MM f.!~//)7 Case Number: DRC2009-00020 Land Use Designations Zoning: Community Commercial Metro Plan Designation: Commercial Overlay Districts: Drinking Water Protection Overlay District (5-10 and 10-20YearTOTZ), Applicable Refinement Plan and Designation: Q Street Refinement Plan (designated Community Commercial) Processing and Appeal Dates Application Submitted Date: May 20, 2009 Decision Issued Date: June 3, 2009 Recommendation: Approval Appeal Deadline Date: June 18, 2009 Associated Applications: DRC2009-00014 Purvis Dialysis (Site Plan Review Tentative). CITY OF SPRINGFIELD DEVELOPMENT REVIEW TEAM POSITION REVIEW OF NAME PHONE Planner III Land Use Planning Mark Metzger 726-377S Transportation Planner Transportation Jon Driscoll 726-3679 Public Works Engineering Sanitary & Storm Sewer, Clayton McEachern 736-1036 Utilities & Easements Deputy Fire Marshall Fire and Life Safety Gilbert Gordon 726-2293 Community Services Manager Building Dave Puent 726-3668 OWNER/APPLICANT APPLICANT'S REPRESENTATIVE Dr. Mattox Purvis Dougherty Landscape Architects Springfield Dialysis LLC 474 Willamette Street, Suite 305 338S Riverbend Drive. Suite 200 Eugene, OR 97401 Springfield, OR 97477 683-5803 I. EXECUTIVE SUMMARY AND DECISION Fresenius Medical Care Clinic of Springfield is a dialysis clinic proposed for a two-lot infill development site on Q Street, just east of 2"' Street. The existing lots are occupied by DRC2009-00020 Tree Felling Permit Fresenius Medical Care (Purvis Dialysis) June 3, 2009 r . . residences and outbuildings. Several trees are located on the site, requiring a tree-felling permit. A Tree-Felling Permit has been submitted and it shows that many smaller trees will be removed, but four large walnut and evergreen trees will be preserved. 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 project is approved. Aerial Photo = ... ... OS! .;;~-- 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 of the 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.). DRC2009-00020 Tree Felling Permit Fresenius Medical Care (Purvis Dialysis) June 3, 2009 2 . . 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 May 20, 2009 as verified by affidavit. During the 14-day public review period, an inquiry was received from a Councilor Pishioneri about the tree removal, and in particular about two trees that are planned for removal. Staff followed up with the landscape architect, requesting a statement explaining the need to remove the two trees in question. In the architect's response (see Attachment 1), it was noted that one tree is growing directly underneath a SUB transmission line. The second tree was being removed because of its structure and questionable health. Staff made a site visit to confirm their reasoning. Staff supports the rationale for the removal of the trees in question. Finding #2. Notice was sent to participants in the Development Review Committee and a meeting was held on May 21, 2009 to review issues of compliance of the proposal with applicable development policies and standards. Finding #3. Comments from Development Review Committee participants are included in the findings and conditions of approval that are contained in the remainder of this report. 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 ofthe 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. DRC2009-00020 Tree Felling Permit Fresenius Medical Care (Purvis Dialysis) June 3. 2009 3 . . Finding #5. The subject site has the Metro Plan designation, Commercial. The site lies within the Q Street Refinement Plan area and is designated Community Commercial. The zoning for the subject site is Community Commercial. Finding #6. SDC Section 3.2-310 lists the allowed uses in the Community Commercial zone. The proposed medical clinic use is a "permitted use" in the zoning district. Finding #7. The Q Street Refinement Plan contains no applicable environmental design policies or other policies in general that would limit of prohibit the proposed tree-removal. 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 #8. The proposed tree-felling is required to accommodate development of a medical clinic. A Site Plan Review Application (DRC2009-00014) 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 clinic 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. Finding #9. 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 #10. The applicant's landscape plan for the new development shows that the 23 trees will be removed. 7 large specimen trees will be retained. The landscape plan for the site shows the trees that are to be removed will be replaced with 33 new trees. Additional shrubs DRC2009-00020 Tree Felling Permit Fresenius Medical Care (Purvis Dialysis) June 3, 2009 4 . . 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-lOS. F. Whether slash left on the property poses significant fire hazard or liability to the City. Finding #11. 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 #12. This criterion does not apply to the proposed tree-felling in that the Field Guide to Oregon Forestry Practices applies to open forest management for commercial logging. H. Whether transportation of equipment to and equipment and trees from the site can be accomplished without a major disturbance to nearby residents. Finding #13. 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 will be conducted within the times established by the Springfield Municipal Code for construction activities. 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 of the 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. 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 $0.7S for the first page and $O.SO for each additional page at the Development Services Department, 22S 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 S.3-100, APPEALS. Appeals must be submitted on a City form and a fee of $2S0.00 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 June 18, 2009. DRC2009-00020 Tree Felling Permit Fresenius Medical Care (Purvis Dialysis) June 3, 2009 5 . . QUESTIONS: Please contact Mark Metzger at the City of Springfield Urban Planning Division, 726-3775 if you have questions regarding this process. DRC2009-00020 Tree Felling Permit Fresenius Medical Care (Purvis Dialysis) June 3, 2009 6 . . Attachment 1 Letter of Response to Inquiry about Removal of Trees # 25 and #27 at the FMC Dialysis Center DRC2009-00020 Tree Felling Permit Fresenius Medical Care (Purvis Dialysis) June 3, 2009 7 . . DLA Inc. 474 Willamette Street. Suite 305 Eugene, Oregon 97401 541-683-5803 ph . 541-683-8183 fax Dougherty Landscape Architect! undscape Ardlitectllre . Planning' Urban Design Date: 06.01.09 To: Mark Metzger, Land Use Planner City of Springfield 225 Fifth Street Springfield, OR 97477 Re: Tree Removal at Proposed FMC Dialysis Center (Permit #: DRC2009-00020) Mark, In response to your call regarding the potential removal of the1 0" ash (#27) and the 7" pear (#25), we wanted to share our rationale for the decision to have them removed. The 10" ash tree is located at the south side of the site along Q Street and is directly in front of the proposed new building. The ash is approximately 8 feet from the back of the existing public sidewalk, less than 12 feet from the new building falfade and less than 7 feet from the new building's roof overhang. Also, an existing overhead powerline is directly above the public sidewalk and the branches are already extending into the wires causing concern. The low branching structure of the ash also makes it less than ideal as a street tree. Severe pruning would be required to ensure the canopy would not cause harm to the powerlines, and remain clear of the public sidewalk and new building. Considering the harsh pruning required and the root damage that would be caused by construction, we elected to specify a replacement tree (Paperbark Maple) that meets the City of Springfield code requirements for a street tree under powerlines. The landscape plan also includes planting an ornamental tree (Forest Pansy Redbud) in the vicinity along the front facade. The 7" pear tree is located in the northwest corner of the parking lot adjacent to the building. The branching structure does not have a strong central leader, which is necessary for a strong, healthy tree. With the long-term health of the pear questionable, we elected to replace it with a deciduous tree (Black Tupelo) that will provide more shade for the parking lot as well as a conifer (Hinoki False Cypress) at the property corner. Should you have further concerns, please feel free to contact me. Sincerely, Nicole Ankeney