conclude that the applicant could do more to preserve trees and further reduce (or eliminate) <br />the potential for windthrow, the applicant's plan to remove trees necessary for the proposed <br />development demonstrates that is has satisfied its obligation to avoid unnecessary disruption or <br />removal of those trees' (Hearings Official Decision page 35). The Hearings Official also noted <br />that this section of the code relates specifically to minimizing the impact to natural features on <br />the proposed development site, and not to off-site impacts which are addressed in the South <br />Hills Study policies (Hearings Official Decision, page 35). <br />Summary of Appellant's Argument: <br />The appellant asserts that the applicant proposes to only preserve approximately 1,100 square <br />feet of area and two trees of significant size on the portion of the site above 901 feet, and that <br />the applicant has not provided anticipated building locations, bulk and height in order to <br />outline the effect of construction on the natural features. The appellant asserts that the <br />Hearings Official failed to stipulate that these details should be a condition of approval. <br />The appellant also asserts that significant concern was raised by Jim Mehrwein, Registered <br />Professional Forester, that trees cut down on the site will have negative impacts for adjacent <br />trees both on-site and in Hendricks Park, becoming vulnerable to windthrow. The appellant <br />asserts that the Hearings Official failed to show how the applicant satisfied its obligation to <br />avoid unnecessary disruption or removal of trees on the site. The appellant asserts, "the <br />Hearings Official fails in this regard to enforce (4)(b)(5), (6), (7), and (8). Because the Applicant's <br />plan allows for a clearcut along the ridgeline above 901', trees "along the perimeter of the lots <br />and within setback areas" (5), "trees and stands of trees located along ridgeline and within <br />corridors" (6), "Trees with significant habitat value" (large trees important to protecting the <br />forest against windthrow) (7), and "Trees adjacent to public parks, open space and streets" are <br />all under threat of destruction" (Appeal Statement, page 15). <br />Planning Commission's Determination: <br />The Planning Commission concurs with the Hearing s Official's decision. As discussed in the staff <br />report (page 20), the applicant demonstrated minimizing impacts to the site by clustering <br />residential lots areas of previous manmade impact with less steep terrain, and less dense or <br />otherwise less significant vegetation. Significant conservation areas are proposed on the <br />steepest slopes of the site. Based on the available information, the areas included in Tract A <br />and within individual lot preservation areas comprise the majority of significant trees, <br />vegetation, and other natural features which are suitable for preservation. The proposed <br />combined conservations areas total approximately 33% percent of the site. The chosen <br />placement of Cupola Drive will limit the necessary grading and associated cut and fill, which <br />helps to minimize soil erosion and flood hazard. Locating Cupola Drive in this area also requires <br />fewer tree removals since trees have already been removed along the vehicle accessway. <br />The appellant asserts that the applicant's plan allows for the clear cutting of trees along the <br />ridgeline. Planning Commission disagrees with this assertion, noting that the removal of trees in <br />buildable areas will be at the discretion of the developer or future lot owners, and these trees <br />can only be removed for the construction of a home and associated improvements such as <br />driveways. Eugene Code development standards will restrict the maximum lot coverage on <br />each lot so that lots cannot be completely covered by structures. Condition #10 further insures <br />Final Order: Capital Hill PUD (PDT 17-1) Page 18 <br />