Staff Report/SP-04-17, Page 1

Community Development Department 333 Broadalbin Street SW, P.O. Box 490 Albany, OR 97321

Phone: 541-917-7550 Facsimile: 541-917-7598 www.cityofalbany.net

STAFF REPORT Site Plan Review (SP-04-17) - Tree Felling Concurrent with Development

Proposed Single Family Residence and Driveway

EXECUTIVE SUMMARY According to Albany Development Code (ADC) Section 9.207, Site Plan Review approval is required for the felling of five (5) or more trees larger than 25 inches in circumference (approximately eight inches in diameter) on a lot or property in contiguous single ownership in excess of 20,000 square feet in any zone. The proposed project is a Site Plan Review for tree felling (removal) concurrent with new construction of a single-family residence and driveway. According to the applicant, seven (7) existing trees located on the south side of a buildable portion of the 3.72-acre site need to be removed to accommodate the new residence. Permission to remove four other trees on site was granted previously under a tree removal permit (T-0006-17) from the City Forester’s office. These are shown on the site plan submitted with this application. The applicant and property owner is William C. Maddy, and the site address is 2000 53rd Avenue SW (Attachment A). The four review criteria for tree felling found in ADC 9.208(2), are addressed in detail below. APPLICATION INFORMATION DATE OF REPORT: April 20, 2017

REVIEW BODY: Staff

STAFF REPORT PREPARED BY: David Martineau, Planner III

PROPERTY OWNER/APPLICANT: William C. Maddy; 1992 NW Lantana Drive; Corvallis, OR 97330

PROJECT LOCATION: 2000 53rd Avenue SW

MAP/TAX LOT: Linn County Tax Assessor’s Map No. 11S-04W-24C; Tax Lot 1400

ZONING: Residential Single Family (RS-6.5)

TOTAL LAND AREA: 3.72 acres; with proposed house development area of 0.25 acres

EXISTING LAND USE: Undeveloped land prepared for home site

NEIGHBORHOOD: South Albany

SURROUNDING ZONING: North: Residential Single Family (RS-6.5) South: Linn County (Designated Open Space and Low Density Residential) East: RS-6.5; Linn County (Designated Open Space and Low Density Residential) West: Linn County (Designated Low Density Residential)

http://www.cityofalbany.net/

Staff Report/SP-04-17, Page 2

SURROUNDING USES: North: Single family residences (north of 53rd Avenue) South: Open space; farm uses East: Single family residence West: Single family residence

PRIOR HISTORY: 1) LA-16-99: Property line adjustment to transfer 3.26 acres from Tax Lot 1200 to Tax Lot 1400. Total lot area for Tax Lot 1400 became 3.72 acres.

2) PA-12-91: Partition to create three parcels from one parcel,

including the subject property, was approved on February 27, 1992, following a 1991 annexation (file AN-07-91).

NOTICE INFORMATION A Notice of Filing for this application was mailed on March 17, 2017, to owners of property located within 300 feet of the subject property. At the time the comment period ended on March 31, 2017, the Albany Planning Division had received no written comments from outside agencies or the public. STAFF ANALYSIS: SITE PLAN REVIEW According to Albany Development Code (ADC) Section 9.208, Tree Felling criteria replace the Site Plan Review criteria found in Article 2 of the Code for the purpose of reviewing tree felling. This application is for tree felling associated with concurrent development; therefore, the criteria listed in ADC 9.208(2) apply to this proposal. Code criteria are written in bold italics and are followed by findings, conclusions, and conditions of approval where conditions are necessary to meet the review criteria. TREE FELLING CRITERIA—(ADC 9.208(2)) (1) It is necessary to fell tree(s) in order to construct proposed improvements in accordance with an

approved site plan review or conditional use review, or to otherwise utilize the applicant’s property in a manner consistent with its zoning, this code, applicable plans adopted by the City Council, or a logging permit issued by the Oregon Department of Forestry;

FINDINGS OF FACT 1.1 The subject property is located in the RS-6.5 (Residential Single Family) zoning district. 1.2 According to the applicant, it is necessary to remove seven trees at this site in order to allow their home

builder to properly construct the home on this site efficiently and safely. 1.3 The Tree Removal Site Plan drawing (Attachment B) shows seven (7) trees with trunk diameters of eight

inches or greater in the vicinity of the proposed residence and driveway. Trunk diameters range from nine inches to 32 inches, measured at 4½ feet above mean ground level. The majority of the trees slated for removal are clustered just to the south of the proposed residence, but outside the Riparian Corridor Overlay zone. These seven trees include five (5) poplar and two (2) birch. There are 13 remaining trees located outside the project area but within the Riparian Corridor Overlay zone north of Maddy’s Pond which are proposed to be retained.

1.4 Oregon Department of Forestry (ODF) permits are required only if commercial use of the felled trees will

occur (e.g. logs or firewood are sold). The applicant has not indicated whether any felled trees would be sold.

Staff Report/SP-04-17, Page 3

1.5 In the event proposed development does not take place, the seven trees proposed for removal within the city limits shall not be removed without separate approval for tree felling not associated with development, using criteria listed in ADC 9.208(3).

CONCLUSIONS 1.1 Single detached homes and related development such as driveways are permitted outright in the

underlying zone. As shown in the attached plans, the trees proposed to be removed would be severely impacted during construction, or if retained, would prevent construction of the proposed house and driveway. Removing the proposed trees allows the property to be used in a manner consistent with the site’s zoning.

1.2 If the felled trees are sold, the applicant will need to contact the Oregon Department of Forestry (ODF)

regarding any appropriate permits. 1.3 This review criterion is met with the following conditions: CONDITIONS 1. In the event proposed development does not take place, the seven trees proposed for removal within the

city limits shall not be removed without separate approval for tree felling not associated with development, using criteria listed in ADC 9.208(3).

2. Only the seven trees identified for removal on the Tree Removal Site Plan shall be removed

(Attachment B). All other trees shall be preserved according to the methods prescribed in the tree protection specifications listed in ADC 9.208(5).

(2) The proposed felling is consistent with State standards, City ordinances, and the proposed felling does

not negatively impact 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;

FINDINGS OF FACT 2.1 State permits are required if a commercial use of the forest product will occur such as logs or firewood

that is sold. Local ordinances regulating tree felling include Albany Development Code (ADC) Sections 9.205 through 9.208, and Albany Municipal Code Chapter 7.98. None of the trees proposed for removal are listed as heritage trees, according to City records.

2.2 Consistency with City standards is determined by this review. 2.3 The subject land is zoned to provide for single-family residential development. 2.4 The nesting season for migratory birds is approximately March 1 to August 31. The Federal Migratory

Bird Act prohibits the taking, harming, or moving of any migratory birds, eggs, or nests. The applicant shall be responsible for contacting the U.S. Department of Fish and Wildlife to confirm the date range for the specific project site before removing trees.

2.5 The subject property is relatively flat in the vicinity of the proposed tree felling. The trees will be

removed from a part of the property that has contours ranging from 214 to 216 feet. Erosion Control and Sediment Control (EPSC) plans have been reviewed and approved by the Public Works Department (Permit No. EP-0022-17). A condition of approval requires that exposed soil must be permanently stabilized against wind and water erosion. There are no streams immediately adjacent to the site where

Staff Report/SP-04-17, Page 4

tree removal will take place. All tree removal will take place outside the Riparian Corridor Overlay area and the 100-year floodplain. Surface water runoff will be addressed at the time of site development.

2.6 According to the applicant, there is no wildlife living around the trees proposed for removal. The

applicant notes however that Maddy’s Pond, located south of the proposed tree felling, provides habitat for wildlife such as Canada geese, heron, osprey, ducks, beavers, otter, and fish. Non-native nutria has also been spotted near the pond. Thirteen native trees are located in this area of property. The applicant believes that the removal of the seven trees north of this natural area will reduce the soil moisture and nutrient demands of the site, which will benefit the remaining 13 native trees.

2.7 The City has not identified any mandated view or scenic corridors. There are no nearby open streams or

known geological sites in the vicinity of the subject property open or accessible to the public. CONCLUSIONS 2.1 Tree removal will be consistent with State standards if any required logging permit is obtained from the

Department of Forestry. 2.2 The proposed felling is consistent with State standards and City ordinances and, with mitigation, does not

negatively impact the environmental quality of the area. 2.3 The Federal Migratory Bird Act prohibits the taking, harming, or moving of any migratory birds, eggs, or

nests. 2.4 This review criterion is met when the following conditions are met. CONDITIONS 3. The applicant must comply with all approved measures of the Erosion Prevention and Sediment Control

(EPSC) permit during any tree felling activities and subsequent development on the site. 4. It shall be the applicant’s responsibility to ensure the proposed tree removal, including the timing of

removal, is in compliance with the Federal Migratory Bird Act. (3) The uniqueness, size, maturity, structure, and historic value of the trees have been considered and all

other options for tree preservation have been exhausted. The Director may require that trees determined to be unique in species, size, maturity, structure, or historic values are preserved;

FINDINGS OF FACT 3.1 ADC 9.207 states that Site Plan Review approval is required for the felling of five or more trees larger

than 25 inches in circumference (approximately 8 inches in diameter) on a lot or property in contiguous single ownership in excess of 20,000 square feet in any zone.

3.2 Trees proposed to be removed include five (5) poplars and two (2) birch, for a total of seven trees. The

trees range in diameter from nine inches to 32 inches. All trees proposed for removal are shown on the Tree Removal Site Plan (Attachment B).

3.3 The applicant submitted a tree inventory showing species, location, and diameter of trees that are to be

removed. Staff concurs with the applicant that none of the trees have historic value in terms of unique type, size, maturity, or structure. The trees were planted over 50 years ago by the Maddy family, and are not native to the site.

3.4 None of the trees is known as possessing historic value. No heritage trees exist on the site.

Staff Report/SP-04-17, Page 5

3.5 The City Arborist stated that none of the trees slated for removal have high value. CONCLUSIONS 3.1 A total of seven trees having diameters ranging from 9 inches to 32 inches are proposed to be removed. 3.2 None of the trees possess unique or historic value. This was confirmed by the City Arborist. 3.3 This review criterion is met. (4) Tree felling in Significant Natural Resource Overlay Districts meets the applicable requirements in

Article 6; FINDINGS OF FACT 4.1 The portion of property where tree felling is proposed is not located within a Significant Natural Resource

Overlay District. CONCLUSION 4.1 This criterion is not applicable. OVERALL CONCLUSION This report reviews and evaluates a Site Plan Review for Tree Felling application submitted by William Maddy for conformance with the Albany Development Code (ADC). The proposed project to construct a single-family residence and access driveway is consistent with the Residential Single Family (RS-6.5) zoning district. As proposed and conditioned, the application for tree felling satisfies all of the applicable review criteria as outlined in this report. STAFF DECISION APPROVAL with CONDITIONS of the Site Plan Review application referenced above. The approval is subject to the conditions listed below in this staff report. Tree Felling 1. In the event proposed development does not take place, the seven trees proposed for removal within the

city limits shall not be removed without separate approval for tree felling not associated with development, using criteria listed in ADC 9.208(3).

2. Only the seven trees identified for removal on the Tree Removal Site Plan shall be removed

(Attachment B). All other trees shall be preserved according to the methods prescribed in the tree protection specifications listed in ADC 9.208(5).

Erosion Prevention and Sediment Control 3. The applicant must comply with all approved measures of the Erosion Prevention and Sediment Control

(EPSC) permit during any tree felling activities and subsequent development on the site.

Staff Report/SP-04-17, Page 6

Federal Migratory Bird Act 4. It shall be the applicant’s responsibility to ensure the proposed tree removal, including the timing of

removal, is in compliance with the Federal Migratory Bird Act. ATTACHMENTS A. Location Map B. Tree Removal Site Plan, dated March 10, 2017 C. Applicant’s Narrative D. City Forester Comments D.1 Email dated February 21, 2017 D.2 ePlans memo dated March 17, 2017 ACRONYMS ADC Albany Development Code AMC Albany Municipal Code EPSC Erosion Prevention and Sediment Control LA Property Line Adjustment ODF Oregon Department of Forestry PA Partition RS-6.5 Residential Single Family (minimum average lot size of 6,500 square feet) SD Subdivision SP Site Plan Review

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Location Map: 2000 53rd Avenue SWThe City of Albany's Infrastructure records, drawings, and other documentshave been gathered over many decades, using differing standards forquality control, documentation, and verification. All of the data providedrepresents current information in a readily available format. While the dataprovided is generally believed to be accurate, occasionally it proves to beincorrect; thus its accuracy is not warranted. Prior to making any propertypurchases or other investments based in full or in part upon the materialprovided, it is specifically advised that you independently field verify the ¯ Planning Division

City of Albany - 333 Broadalbin St. SW, Albany, Oregon 97321 (541) 917- 75500 225 450 675 900112.5 Feet

March 17, 2017

Subject Property

Attachment A

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APPROX. LOCATIONS OF (7),SEVEN, TREES TO BE REMOVED.

DENOTES TREES REMOVED UNDERSEPARATE PERMIT NO. T-0006-17

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SITE ADDRESS:2000 53rd AVENUEALBANY97321MAP 11S04W24C 01400

LOT AREA - 3.72 ACREDEVELOPMENT AREA - .25 ACRE

OWNERS:WILLIAM & DEBORAH MADDY1992 NW LANTANA DR.CORVALLIS, OR 97330

DRAWING DATE:MAR. 10, 2017

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TREE REMOVAL SITE PLAN

Attachment B

Tree Felling Application Criteria Narrative

William C. Maddy and Deborah J. Maddy Site Address: 2000 53rd Avenue SW, Albany, Oregon 97321

Map 11S04W24C01400

Criterion:

It is necessary to fell trees in order to construct proposed improvements (home construction) in accordance with an approved site plan review or conditional use review, or to otherwise utilize the applicant’s property in a manner consistent with its zoning, this Code, or applicable plans adopted by the City Council.

The proposed felling is consistent with State standards and City ordinances, and does not negatively impact 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.

The Albany Development Code 9.205 - 208 Tree Felling; requires a site plan review when proposing to cut 5 trees or more that are each eight inches (8") in diameter or greater, measured four and one-half feet (4'5") from the ground.

Finding:

The proposed home construction on this site is compatible with RS-6.5 zoning and meets the City of Albany’s design standards. However, to accomplish the home construction some of the existing trees must be felled to allow the home builders to properly, efficiently and safely construct the home on this site.

The site has negligible slope. There are no wildlife utilizing the trees on this site for their habitat. The trees to be removed are far outside of the Riparian Zone. The area of the site to be developed is .25 acres. This total acreage of the owner’s property is 3.74 acres. Most of this total acreage consists of a water pond. The water pond has been habitat for wildlife including Canadian geese, heron, osprey, various duck species, beaver, nutria (not native), otter, and fish (bass, trout, and carp).

As illustrated on the submitted tree identification site plan drawing (see attached document) trees with trunk diameters (DBH) of 8 to 32 inches are located on the site. There are only 7 trees the owner wishes to have removed. These trees include 5 Poplar trees (Populus spp.) and 2 Birch trees (Betula Spp.). Four trees on this site have already been approved for removal under Tree Permit Number T-0006-17. These 4 permitted trees include 1 Plum tree (Prunus spp.), 2 Birch trees (Betula Spp.) and 1 Poplar tree (Populus Spp.).

The trees identified for removal have been reviewed by Rick Barnett, forester for the City of Albany. He indicated that “none of the trees had high value to the natural

Attachment C.1

https://www.cityofalbany.net/images/stories/planning/development_code/09-Article%209-On-Site%20Development%20and%20Environmental%20Standards.pdf

resources and as the City Forester I have no concerns with any or all of them (trees) coming out.”

Trees identified for removal are not native plants to this site. In fact, all were planted more than 50 years ago by the property owner (Maddy family). Removal of the 7 trees will reduce the soil moisture and nutrient demands for this site. This will provide more moisture and nutrients for the remaining 13 native tree species on this area of the property.

The proper time to remove all of these trees is before the home construction commences. After the home is completed it will be problematic to remove them without damaging the structure or landscaping. Criterion:

Tree preservation plan for remaining trees [ADC 9.208(5)] Precautions shall be made to protect the residual trees and tree roots from damaging agents during and after the removal process.

Finding:

The home builder (N.O.W. Builders of Albany) and their subcontractors have and will provide projection of the residual trees and roots. They have already begun proper procedures for soil, plant and water protection.

Removal of the 7 trees will reduce the soil moisture and nutrient demands for this site. This will provide more moisture and nutrients for the remaining 13 native tree species on this area of the property. This will enhance the healthy growth and development of the remaining native trees to be preserved including 1 Douglas Fir (Pseudotsuga spp.), 1 Black Hawthorn (Crataegus Spp.) and 11 Oregon White Oak (Quercus garryanna). It will also enhance the growth and development of future native plants and City of Albany approved plants to be added to the landscape of this site. The 13 native trees to be preserved are located within the Riparian Zone of this property.

Conclusion:

The removal of the 7 trees identified for removal from the property will not negatively impact the environmental quality of the area. The 7 trees do not contribute to the site in relation to wildlife, property protection, or visual appeal. In fact the removal of these trees will be an enhancement to the value of the property. The proposed site for home construction will be landscaped and beautified in order to be an asset to the surrounding community. As stated by Rick Barnett, Forester for the City of Albany, “none of the trees have value to the natural resources”. He also indicated that there are no concerns with any or all of them being removed.

Attachment C.2

From: Barnett, RickTo: Martineau, DavidSubject: FW: Tree Removal-- Maddy Home Site PropertyDate: Tuesday, February 21, 2017 6:55:04 AMAttachments: Maddy Home Site Plan.pdf

I understand the Maddy’s are working with you on their home plans. I visited the site with them onFriday to look at their concerns about trees. Because of the number of trees and the size of the lot what we do or don’t allow is up to planning. From my perspective the trees they mention eventually need to come out. By removing 4 now theycould eliminate the short term hazard concerns. Eventually all of the trees they have suggestedshould come out. From a practical perspective it makes sense to me to let them remove them nowbefore they add the complications of a house on the property. Please let me know if I can be of further assistance Rick

From: bndmaddy@comcast.net [mailto:bndmaddy@comcast.net] Sent: Monday, February 20, 2017 4:51 PMTo: Barnett, RickSubject: Tree Removal-- Maddy Home Site Property Rick BarnettParks Operations SupervisorCity of Albany333 Broadalbin St. SWAlbany, Oregon 97321 Dear Rick: Thank you for your site visit on Friday, February 17 to our building lot at 200053rd Avenue SW, Albany. You were very helpful in identifying which trees arehazardous and which ones are unhealthy and candidates for removal. As youmay recall we identified two hazardous trees which are both greater than 24"in diameter and for which we will submit a tree removal permit application. Anadditional eight trees were identified as being unhealthy and likely futurehazards to the new home we have applied for a permit to build. Five of thesetrees are Poplar trees, four are Birch trees and one is a Plum tree/shrub; all ofwhich are not native plants, most were planted more than 50 years ago. Mostof these trees in their present condition are also hazardous to human trafficaround the home site. The proper time to remove all of these trees is before

Attachment D.1

mailto:/O=CITY OF ALBANY/OU=EXCHANGE ADMINISTRATIVE GROUP (FYDIBOHF23SPDLT)/CN=RECIPIENTS/CN=RICKBmailto:david.martineau@cityofalbany.net

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APPROX. LOCATIONS OF (2), TWOHAZARDOUS, TREES TO BE REMOVED.

APPROX. LOCATIONS OF (7),SEVEN, TREES TO BE REMOVED.

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City Forester has no concerns about plan.

(Received through ePlans on 3/17/2017).

Attachment D.2

Community Development DepartmentSTAFF REPORTSite Plan Review (SP-04-17) - Tree Felling Concurrent with Development

NOTICE INFORMATIONSTAFF DECISIONStaff_Report_Attachments.pdfLocation MapSite Plan MapTree Removal Site Plan

Site Plan review-tree felling NarrativeTree Felling Application Criteria NarrativeWilliam C. Maddy and Deborah J. Maddy Site Address: 2000 53PrdP Avenue SW, Albany, Oregon 97321 Map 11S04W24C01400UCriterionU:It is necessary to fell trees in order to construct proposed improvements (home construction) in accordance with an approved site plan review or conditional use review, or to otherwise utilize the applicant’s property in a manner consistent with its z...The proposed felling is consistent with State standards and City ordinances, and does not negatively impact the environmental quality of the area, including but not limited to: the protection of nearby trees and windbreaks; wildlife; erosion; soil ret...

SP-04-17.arborist_email1SP-04-17.arborist_note1