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MCDONALD.WP2 Page 1 <br /> DRAFT <br /> November 3, 1995 <br /> TO: Mayor and City Council <br /> FROM: Scott Plamondon, Urban Forester <br /> SUBJECT: Street Tree Removal Violation <br /> As requested by the Council the following is an incident report on the removal of the <br /> 47" diameter Heritage class Big Leaf Maple from the south -west corner of 8th Avenue <br /> and Hilyard Street. This removal was from the street - right -of -way which abutted tax <br /> lot #17- 03 -32 -23 -0900, the future site of a McDonald's restaurant. <br /> At approximately one pm on the afternoon of Friday the 13th, the Urban Forester's <br /> office received a call informing us of the removal of a very large tree. On arriving <br /> at the site it was found that contractor's personnel had already removed over half of <br /> the tree. Due to the major extent of the work already done a notice of possible <br /> violation was issued but the remainder of the tree was allowed to be removed to prevent <br /> a hazardous condition. <br /> The City Charter amendment regarding street trees and the Urban Forest Management Plan <br /> both indicate that such a removal should not be allowed unless the tree was found to be <br /> in poor health and hazardous to the public safety. Chapter 7 of the Eugene Code states <br /> that a permit is necessary for any work to be performed in the street right -of -way. <br /> While this tree did show some signs of age, prior to it's removal it was in good <br /> condition and did not pose a hazard to the public. No permit had been issued for the <br /> removal of this tree. <br /> On investigation we found that the contractor's building permit plans identified the <br /> tree and its proposed removal in order to widen an access driveway. This detail did <br /> not trigger additional review and the applicant was not notified of the tree <br /> preservation requirement. It appears that there was no malicious intent on the part of <br /> McDonalds Corporation since the submitted plans did show the requested removal. <br /> In a subsequent meeting with McDonald's Corporation staff, it was established that <br /> neither the Salem based engineering firm who prepared the plans nor the Portland based <br /> construction management firm in control of the project realized the significance of <br /> this tree to Eugene's citizens nor that a specific permit would be required for its <br /> removal. <br /> While the McDonald's Corporation staff have stated to us that they realize the value to <br /> the community of a Heritage class tree can't be replaced, they have indicated a desire <br /> to work with us in participating in a large scale tree planting project within the <br /> local area to make up for the loss of this Heritage Tree. Currently, we are looking at <br /> planting opportunities in the local area and hope to come to an agreement on the <br /> location and scope of the planting within the next month. In addition, McDonald's <br /> staff are working with us to locate a large caliper Big Leaf Maple which will then be <br /> planted on the south -west corner of 8th Avenue and Hilyard Street. <br /> Staff are examining the plans review process to insure such a loss is not repeated. <br /> Several steps are being taken to strengthen coordination between the building <br /> permit /plan check and tree preservation programs. Plans intake occurs in the Permit <br /> and Information Center while tree permit review occurs at Public Works Maintenance <br />