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0 1 <br />May 2, 1997 <br />Stefano Vigianno <br />Lane Transit District <br />3500 East 17th Ave. <br />P.O.Box 7070 <br />Eugene, OR 97401 <br />Subject: Tree Removals at the New 10th Ave. & Olive St. Transit Site <br />Dear Stefano, <br />This letter is for the purpose of summarizing the City's position on the issue of street tree <br />removal in conjunction with the new transit site and hopefully addressing a course of appropriate <br />action. <br />Staff from the Urban Forestry Section have reviewed your plans, and subsequent removal <br />requests and have no technical objection to the removal of the street trees identified to facilitate <br />your project. However, there have been no formal permits issued for any street tree removals in <br />association with this project. This is due to the requirement that street tree removal permits are <br />conditional on the applicant agreeing to mitigate the loss of the full value of the street trees <br />which are to be removed. LTD and the City have not yet agreed to a mitigation plan and no <br />permits have been issued. Since no permit has been issued any street tree removals are <br />technically a violation of the tree preservation ordinance. <br />We have no intent to hold up a construction project by another public agency over this <br />technicality. We also have no intent of objecting to the removal of the street trees discussed in <br />your letter from Charlie Simmons dated April 24, 1997. However, no formal permit can be <br />issued until the issue of mitigation is resolved. From Eugene Code Section 6.305 (3) ...... "No <br />person shall remove a street tree without first obtaining a permit from the city manager <br />specifically authorizing the removal of a street tree. Permit approval may be conditioned upon <br />replacement of the street tree with another tree pre- approved by the city, or a requirement to pay <br />to the city an amount sufficient to fund the planting and establishment by the city of a tree of <br />similar value. The value of the existing street trees to be removed shall be calculated using the <br />methods set forth in the edition then in effect of the Guide for Plant Appraisal published by the <br />International Society of Arboriculture Council of Tree Landscape Appraisers." <br />We have evaluated the request from LTD to consider the trees being planted within the <br />development site as mitigation for those removed from the street. Trees planted internally on a <br />private development site have never before been considered appropriate mitigation for the loss of <br />street trees. As another public agency we feel it is possible to establish an acceptable <br />