RE: Tree Felling & Preservation in Rest Haven CUP Masterplan (CU 95-2)

File Memorandum: References to Tree Felling and Preservation in Rest-Haven CUP (CU 95-2) August 28, 2002 Page 4 of 17 "It is acknowledged that the cemetery use proposed, open lawns and tombs, do not have substantial adverse operating characteristics. At the same time, to be reasonably compatible, the cemetery use must be designed to recognize the existing wooded character of this area of Eugene to the extent of allowing a meaningful buffer area between the cemetery use and the residential uses. "In that the approval is for a two phased development, with the southern portion being developed only after development of the area of the cemetery within the proposed roads, there will be adequate time to address the details of the buffer area and for the applicant to seek approval of a plan in that regard." Rec. 185. Three points should be noted here. First, the Hearings Official recognized that the overall development would convert the site "into cemetery lawns with relatively few trees" and that the open lawn cemetery use would not have substantial adverse operating characteristics. Thus the decision conceptually foresaw the removal of a substantial number of trees from the project site. Second, the Hearings Official placed great importance on the need to retain buffer areas along the perimeter of the cemetery to maintain the wooded character of the area and to be compatible with the adjacent residences. Note that the maintenance of the wooded character of the site is expressly related to the buffer areas along the sides of the property and is not tied to the interior, which is intended to become cemetery lawns with relatively few trees. Third, the Hearings official notes that, although there is some question about ultimate uses in the buffer area along the southern property line, because the southernmost portion [south of the proposed roads] will not be developed until later, those concerns were not pressing at the time of the decision. In short, the buffer trees were expressly designated to remain, in contrast to trees located in the interior of the project, relatively few of which would remain. One should also note the passage "The area requiring further study is the southwest corner of the site and along the entire southern periphery of the site." That passage refers to the discussion at the beginning of the Evaluation section of the decision, where the Hearings Official notes that the lack of specificity in certain areas of the conceptual proposal can make evaluation of the proposal difficult. Rec. 183. That concern did not extend to every aspect of the proposed development, only certain areas such as the southwest corner and southern periphery of the site, as was expressly noted in this section by the Hearings Official. b. Convenient. Functional and Attractive Development: EC 9 702(bl The sole reference to tree preservation when the Hearings Official addressed the criterion of EC 9.702(b) was: "The provision of design features such as * * * preservation and enhancement of the buffer around the site will render the use attractive relative to its location and setting." Rec. 186.