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HomeMy WebLinkAboutSiskiyou_1250_PA-2011-00886 CITY OF August 12, 2011 Drew Gilliland 351 Walker Ashland OR 97520 _ RE: Planning Action#PA-2011-00886 Notice of Final Decision On August 12,2011,the Staff Advisor for the Ashland Planning Division administratively approved your request for the following: it PLANNING ACTION: 2011-00886 SUBJECT PROPERTY: 1250 Siskiyou Blvd. APPLICANT: Drew Gilliland/SOU DESCRIPTION: A request for Tree Removal Permit approval to remove a 24-inch DBH Apple tree placed in between the Frances Street right-of-way and a basketball court on SOU property; South of Siskiyou Blvd on Frances Lane.A Certified Arborist has not reviewed the subject tree. COMPREIIENSIVE PLAN DESIGNATION: Southern Oregon University ZONING: SO;ASSESSOR'S MAP: 39 lE 15BA TAX LOT: 3100 The Staff Advisor's decision becomes final and is effective on the 13`h day after the Notice of Final Decision is mailed. Prior to the final decision date, anyone who was mailed this Notice Of Final Decision may request a reconsideration of the action by the Staff Advisor as set forth in the Ashland Land Use Ordinance (ALUO) 18.108.070(B)(2)(b) and/or file an appeal to the Ashland Planning Commission as provided in the ALUO 18.108.070(B)(2)(c). An appeal may not be made directly to the Land Use Board of Appeals. Oregon law states that failure to raise an objection concerning this application, by letter, or failure to provide sufficient specificity to afford the decision maker an opportunity to respond to the issue,precludes your right of appeal to LUBA on that issue. Failure to specify which ordinance criterion the objection is based on also precludes your right of appeal to LUBA on that criterion. Failure of the applicant to raise constitutional or other issues relating to proposed conditions of approval with sufficient specificity to allow this Department to respond to the issue precludes an action for damages in circuit court. The application, all associated documents and evidence submitted, and the applicable criteria are available for review at no cost at the Ashland Community Development Department, located at 51 Winburn Way. Copies of file documents can be requested and are charged based on the City of Ashland copy fee schedule. If you have any questions regarding this decision, please contact the Community Development Department between the hours of 8:00 am and 4:30 pm,Monday through Friday at(541) 488-5305. cc: Southern Oregon University Parties of record and property owners within 200 ft COMMUNITY DEVELOPMENT DEPARTMENT Tel:541488-5305 51 Win bum Way Fax:541-552-2050 Ashland,Oregon 97520 TTY: 800-735-2900 www.ashland.or.us ASHLAND PLANNING DIVISION FINDINGS & ORDERS PLANNING ACTION: 2011-00886 SUBJECT PROPERTY:, 1250 Siskiyou Blvd. APPLICANT: Drew Gilliland/ SOU DESCRIPTION: A request for Tree Removal Permit approval to remove a 24-inch DBH Apple tree placed in between the Frances Street right-of-way and a basketball court on SOU property; South of Siskiyou Blvd on Frances Lane.A Certified Arborist has not reviewed the subject tree. COMPREHENSIVE PLAN DESIGNATION: Southern Oregon University ZONING: SO; ASSESSOR'S MAP: 39 lE 15BA TAX LOT: 3100 SUBMITTAL DATE: July 5, 2011 DEEMED COMPLETE DATE: July 18, 2011 STAFF APPROVAL DATE: August 12, 2011 APPEAL DEADLINE: August 24, 2011 FINAL DECISION DATE: August 25, 2011 APPROVAL EXPIRATION DATE: August 25, 2012 DECISION The subject tree is located on Southern Oregon University's property south of Siskiyou Boulevard on Frances Lane; adjacent to the basketball court and the Cascade residence hall. The subject block is approximately 15,777 square feet in size; square shaped, and has two trees on the north side. The request is to remove a 24 inch D.B.H. Apple tree whose roots will be impacted by the installation of a public sidewalk that will lead from the Osher Life Long Learning Institute to Siskiyou Blvd. The tree's canopy is also interfering with the overhead power lines and requires constant maintenance by the city. Because the tree is greater than 18 inches D.B.H., a tree removal permit is required. The applicant's findings state that removal of the apple tree will not have an impact on erosion, soil stability, windbreaks, or surface drainage of the area due to the site being surrounded by pavement on all sides. The application also noted that the University has planted four trees this year alone as mitigation for other trees that have died from natural causes, or as to honor faculty or staff as achievements of honor. A site visit shows that a fair amount of trees are planted in close proximity to the site. However with mostly asphalt surrounding in the area, tree species diversity could be improved with the planting of additional trees on the north side of this block. Staff also noticed that the Apple tree had already been limbed up by the Electric Department in anticipation of its removal. The Tree Commission at their August 0 meeting disused the removal application and noted that due to the Electric Department's trimming, removal and replacement would be the best action. The Commission also noticed that a Locust Tree in the parking lot to the north was also dead tree and needed to be removed. Drew Gilliland, SOU's Facilities and Planning Director, stated that this tree could also be removed and replanted. The Tree Commission recommended mitigating the Apple tree by replanting another tree in close proximity of the site. PA#2011-00886 1250 Siskiyou Blvd/NV Page 1 i Removal of the apple tree will not have an impact on erosion, windbreaks, surface drainage, species diversity, or soil stability of the area since the site is surrounded by parking lots on three sides and dense residences on the other. Therefore, staff believes that the tree removal request meets the criteria of the ordinance and is approved to be removed with mitigation of another tree. The criteria for a Tree Removal Permit are described in AMC Chapter 18.61.080, as follows: An applicant for a Tree Removal Permit shall demonstrate that the following criteria are satisfied. The Staff Advisor may require an arborist's report to substantiate the criteria for a permit. B. Tree that is Not a Hazard: The City shall issue a tree removal permit for a tree that is not a hazard if the applicant demonstrates all of the following: 1. The tree is proposed for removal in order to permit the application to be consistent with other applicable Ashland Land Use Ordinance requirements and standards. (e.g. other applicable Site Design and Use Standards). The StaffAdvisor may require the building footprint of the development to be staked to allow for accurate verification of the permit application; and 2. Removal of the tree will not have a significant negative impact on erosion, soil stability,flow of surface waters,protection of adjacent trees, or existing windbreaks; and 3. Removal of the tree will not have a significant negative impact on the tree densities, sizes, canopies, and species diversity within 200 feet of the subject property. The application with the attached conditions complies with all applicable City ordinances. Planning Action 2011-00886 is approved with the following conditions. Further, if any one or more of the following conditions are found to be invalid for any reason whatsoever, then Planning Action 2011- 00886 is denied. The following are the conditions and they are attached to the approval: 1) That all proposals of the applicant shall be conditions of approval unless otherwise modified here. 2) That the applicant chose an appropriate replacement tree to be placed within 200 feet of the subject tree that will equal or exceed the removed tree size and stature at maturity, and shall be planted within a minimum of 180 days of this approval. The tree shall be planted and maintained according to the specifications in the City Tree Planting and Maintenance Guidelines. �ill Molln/ar;`Director Date epartmenf of Community Development PA#2011-00886 1250 Siskiyou Blvd/MP Page 2 PA-2011-00886 391 E15BA 6600 PA-2011-00886 391 E15BA 6601 PA-2011-00886 391 E15BA 7900 ALSPACH RICHARD MICHELE A BACON HUGH CHRISTY BAUGHMAN PETE/SUSAN 300 COVE RD PO BOX 487 705 INDIANA ST ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520 PA-2011-00886 391 E15BA 900 PA-2011-00886 391 E15BA 4601 PA-2011-00886 391 E15BA 500 BOARD/REGENTS/NORMAL SCHOOL BUTCHER ALBERT TRUSTEE CHAN CHESTER K/NANCY S 1250 SISKIYOU BLVD 1633 NEWCASTLE DR 11186 LENORE ST ASHLAND OR 97520 LOS ALTOS CA 94024 HAPPY VALLEY OR 97086 PA-2011-00886 391 E15BA 600 PA-2011-00886 391 E15BA 5500 PA-2011-00886 391 E15BA 5600 CHAN CHESTER K/NANCY S CULHANE KEVIN/SUSAN DELUCA RONALD L TRUSTEE 11186 SE LENORE ST PO BOX 173 725 ROYAL AVE HAPPY VALLEY OR 97086 ASHLAND OR 97520 MEDFORD OR 97504 PA-2011-00886 391El5BA 6402 PA-2011-00886 391El5BA 8000 PA-2011-00886 391El5BA 5800 ELITE NORTHWEST LLC EPSTEIN MANUEL S TRUSTEE FERGUSON MARY C TRUSTEE FBO 509 SECOND ST 2305 ASHLAND ST 266 1530 OREGON ST TALENT OR 97540 ASHLAND OR 97520 ASHLAND OR 97520 PA-2011-00886 391 E15BA 5700 PA-2011-00886 391 E15BA 6403 PA-2011-00886 391 E15BA 4500 GARNETT LISA ANNE GODWIN DOUGLAS W/KAY C GRACE EVANGELICAL LUTHERAN 2305 ASHLAND ST PMB 403 STE C 1508 OREGON ST 660 FRANCES ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520 PA-2011-00886 391 E15BA 6500 PA-2011-00886 391 E15BA 7700 PA-2011-00886 391 E15BA 4600 HANKS NICOLE M HETLAND BARBARA I TRUSTEE ET AL JANSEN LLC 1480 OREGON ST 985 MAIN ST 418 BEAVERCREEK RD 104 ASHLAND OR 97520 ASHLAND OR 97520 OREGON CITY OR 97045 PA-2011-00886 391E15BA4400 PA-2011-00886 391El5BA 6400 PA-2011-00886 391El5BA 300 LJH LLC MCKERNAN CHARLOTTE A ET AL MEISTER RICHARD J TRUSTEE ET AL 190 ASHLAND ST 1500 OREGON ST 1777 CRESTVIEW DR ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520 PA-2011-00886 391 E15BA 700 PA-2011-00886 391 E15BA 400 PA-2011-00886 391 E15BA 3200 MEISTER'S BUY RITE INC MEISTER'S BUY RITE INC MERCER DONALD J 1450 ASHLAND AVE 870 CYPRESS POINT LOOP 1380 SISKIYOU BLVD ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520 PA-2011-00886 391E15BA 5900 PA-2011-00886 391E15BA 4402 PA-2011-00886 391El5BA 6700 NUESSLE WILLIAM P TRUSTEE ET AL PEOPLE'S BANK OF COMMERCE PRESTON WILLIAM 1516 OREGON ST 750 BIDDLE RD EDWARD/ROSEMAREE ASHLAND OR 97520 MEDFORD OR 97504 704 INDIANA ST ASHLAND OR 97520 PA-2011-00886 391 E15BA 800 PA-2011-00886 391 E15BA 6901 PA-2011-00886 391 E15BA 1600 SIERRA GRIZZLY LLC SMITH DENNIS L/DOROTHY L STATE OF OREGON/BOARD OF HIGHER PO BOX 970 708 INDIANA ST EDUCATIO MEDFORD OR 97501 ASHLAND OR 97520 PO BOX 3175 EUGENE OR 97403 i i PA-2011-00886 391E15BA 6000 PA-2011-00886 391El5BA 6900 PA-2011-00886 STRASSER ANNE MARIE HYLAND ET AL WIES FRANK GEORGE Drew Gilliland PO BOX 370785 586 FIRST ST 224 351 Walker MONTARA CA 94037 SAN JOSE CA 95112 Ashland Walker 97520 Y F iea i i I I i I I I I I I i I i CITY OF ASHLAND ASHLAND TREE COMMISSION Type I—Recommendations to Staff Advisor August 4, 2011 PLANNINGACTION, 2011-00886 SUBJECT PROPERTY 1250 Siskiyou Blvd. APPLICANT- Drew Gilliland/SOU DESCRIPTION: A request for Tree Removal Permit approval to remove a 24-inch DBHApple tree placed in between the Frances Street right-of-way and a basketball court on SOUproperty; South of Siskiyou Blvd on Frances Lane. A Certified Arborist has not reviewed the subject tree. COMPREHENSIVE PLAN DESIGNATION.• Southern Oregon University ZONING:SO;ASSESSOR'S MAP: 391E 15BA TAX LOT.• 3100 The Tree Commission recommendations: 1) The Commission recommended that removal of the Apple tree be mitigated by replanting another tree in close proximity to the site. . ` Planning Department,51 Winb�,. flay,Ashland,Oregon 97520 CITY OF 541-488-5305 Fax:541-552-2050 www.ashland.or,us TTY: 1-800-735-2900 ASHLAND NOTICE OF APPLICATION PLANNING ACTION: 2011-00886 SUBJECT PROPERTY: 1250 Siskiyou Blvd. APPLICANT: Drew Gilliland/SOU DESCRIPTION: A request for Tree Removal Permit approval to remove a 24-inch DBH Apple tree placed in between the Frances Street right-of-way and a basketball court on SOU property; South of Siskiyou Blvd on Frances Lane. A Certified Arborist has not reviewed the subject tree. COMPREHENSIVE PLAN DESIGNATION: Southern Oregon University; ZONING: SO; ASSESSOR'S MAP: 391 E 15BA TAX LOT: 3100 NOTE: The Ashland Tree Commission will also review this Planning Action on August 4,2011 at 6:00 p.m. in the Community Development and Engineering Services building (Siskiyou Room) located at 51 Winburn Way. NOTICE OF COMPLETE APPLICATION: July 25, 2011 DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: August 8, 2011 1524 1528 SUBJECT PROPERTY: 24" D.B.H. Apple Tree -- approximately 18 feet tall. 1401 E , 3 d 1520 53v i r �5 �s i =..^O 1 1 23J t Property Zin—are for reference only,not O 1530 6 scnleobie 0 Feet The Ashland Planning Division Staff has received a complete application for the property noted above. Any affected property owner or resident has a right to submit written comments to the City of Ashland Planning Division, 51 Winburn Way,Ashland, Oregon 97520 prior to 4:30 p.m. on the deadline date shown above. Ashland Planning Division Staff determine if a Land Use application is complete within 30 days of submittal. Upon determination of completeness, a notice is sent to surrounding properties within 200 feet of the property submitting application which allows for a 14 day comment period. After the comment period and not more than 45 days from the application being deemed complete, the Planning Division Staff shall make a final decision on the application. A notice of decision is mailed to the same properties within 5 days of decision. An appeal to the Planning Commission of the Planning Division Staff's decision must be made in writing to the Ashland Planning Division within 12 days from the date of the mailing of final decision. (AMC 18.108.040) The ordinance criteria applicable to this application are attached to this notice. Oregon law states that failure to raise an objection concerning this application, by letter, or failure to provide sufficient specificity to afford the decision maker an opportunity to respond to the issue, precludes your right of appeal to the Land Use Board of Appeals(LUBA)on that issue. Failure to specify which ordinance criterion the objection is based on also precludes your right of appeal to LUBA on that criterion. Failure of the applicant to raise constitutional or other issues relating to proposed conditions of approval with sufficient specificity to allow this Department to respond to the issue precludes an action for damages in circuit court. A copy of the application,all documents and evidence relied upon by the applicant and applicable criteria are available for inspection at no cost and will be provided at reasonable cost, if requested. All materials are available at the Ashland Planning Division,Community Development&Engineering Services Building,51 Winburn Way,Ashland,Oregon 97520. If you have questions or comments concerning this request,please feel free to contact the Ashland Planning Division at 541-488-5305. GAcomm-dev\planning\Notices Mailed\201 1\2011-00886,2.doc TREE REMOVAL 18.61.080 Criteria for Issuance of Tree Removal .(Permit An applicant for a Tree Removal Permit shall demonstrate that the following criteria are satisfied.The Staff Advisor may require an arborisVs report to substantiate the criteria for a permit. A. Hazard Tree:The Staff Advisor shall issue a tree removal permit for a hazard tree if the applicant demonstrates that a tree is a hazard and warrants removal. 1. A hazard tree is a tree that is physically damaged to the degree that it is clear that it is likely to fall and injure persons or property. A hazard tree may also include a tree that is located within public rights of way and is causing damage to existing public or private facilities or services and such facilities or services cannot be relocated or the damage alleviated.The applicant must demonstrate that the condition or location of the tree presents a clear public safety hazard or a foreseeable danger of property damage to an existing structure and such hazard or danger cannot reasonably be alleviated by treatment or pruning. 2. The City may require the applicant to mitigate for the removal of each hazard tree pursuant to AMC 18.61.084.Such mitigation requirements shall be a condition of approval of the permit. B. Tree that is Not a Hazard:The City shall issue a tree removal permit for a tree that is not a hazard if the applicant demonstrates all of the following: 1. The tree is proposed for removal in order to permit the application to be consistent with other applicable Ashland Land Use Ordinance requirements and standards,including but not limited to applicable Site Design and Use Standards and Physical and Environmental Constraints,The Staff Advisor may require the building footprint of the development to be staked to allow for accurate verification of the permit application;and 2. Removal of the tree will not have a significant negative impact on erosion,soil stability,flow of surface waters,protection of adjacent trees,or existing windbreaks;and 3. Removal of the tree will not have a significant negative impact on the tree densities,sizes,canopies, and species diversity within 200 feet of the subject property. The City shall grant an exception to this criterion when alternatives to the tree removal have been considered and no reasonable alternative exists to allow the property to be used as permitted in the zone. Nothing in this section shall require that the residential density be reduced below the permitted density allowed by the zone. In making this determination,the City may consider alternative site plans or placement of structures or alternate landscaping designs that would lessen the impact on trees,so long as the alternatives continue to comply with other provisions of the Ashland Land Use Ordinance, 4. The City shall require the applicant to mitigate for the removal of each tree granted approval pursuant to AMC 18.61,084. Such mitigation requirements shall be a condition of approval of the permit. (ORD 2951,2008;ORD 2883,2002) i I i i I i Wcomm-dev\planning\Notices Mailed\2011\2011-00886,2.doc j I AFFIDAVIT OF BAILING STATE OF OREGON ) County of Jackson ) The undersigned being first duly sworn states that: 1. I am employed by the City of Ashland, 20 East Main Street, Ashland, Oregon 97520, in the Community Development Department. 2. On July 25, 2011 1 caused to be mailed, by regular mail, in a sealed envelope with postage fully prepaid, a copy of the attached planning action notice to each person listed on the attached mailing list at such addresses as set forth on this list i under each person's name for Planning Action #2011-00886, 1250 Siskiyou Blvd. j i Signa e of Employee I I i i i I I I Gtomm-devlplanninglForms&Handouts\Affidavit of Mailing—Planning Action Notice.doc I I 22001 . ,t_21 ,.'p-M] I INFORMATION TECHNOLOGY xl Map Maker '1 .' E Application LEI 2 y Front Counter Legend r f Highlighted Feature 41 theBuHer 2 140 [NO i � , iheBufferTargat 1 Tax Lot Outlines ` `.Z Tax Lot Numbers 1L ,. f l 1 n _ i 1d ui 0 x ! 1wo t . t am goo �� t ' X401 I d a r .n I I !ate ' Ph i gg��11 ( - 2 9� g� X100 -. aVL►1 q _ . I } '00.V 1040 , 3 �1�Y p�� . , �I,g �� � a r t. I . i,. r •yc � ' _ � 2� - ,., �• �. �`{�"lL3. s r� 1 11 1 ' di1 # goo � C .. i ,.. (( & � i a i I a 'I ".o 1 17d 1 ' 1dp ' JACKSON ; M4 ,�a ,' � " ,� I � ,. COUNTY 0 r e g o it v'i/'- 'x'301 ` This map is based on a digital database on led by Jackson County From a variety '° l •.i °" "" --,. {{ � of sources.Jackson County cannot accept 820 responslblly for errors,omissions,or i 1" c 1i 1'111 �' li i d E positional accuracy.There are no warranties,expressed or Implied. Please recycle with colored office grade paper Created with MapMaker Map created on 7/25/20119:02:54 AM using web.lacksoncounty.crg We would like to remove a tree located in the under a power line,that is a fruit tree (apple) this is in line with the installation of a new sidewalk to assist elderly accessing the Osher Life Long Learning Institute. This project is a partnership with the city of Ashland Public works department to improve not only access to for our local participants in this program, but to improve safety as this street has no sidewalk and is a route to the Walker grade school, local markets and the campus dorms. The apple tree currently protrudes into the overhead power lines and is not on the recommended tree list for roadways. Removal of this tree will not negatively impact erosion,soil stability, or surface drainage as it's located on grassy knoll, and will be replaced by a tree from the recommended list or ground cover as recommended by the landscape architect. The variety of trees in the area and the current number of trees in the area will not be significantly impacted as there are currently a wide variety of trees within 200 feet. This can be verified from satellite via Google maps. It should be noted we have recently planted/installed 4 trees on campus this year, and typically add a minimum of 1 to 2 per year as matter of practice to replace those that die of natural causes, or are removed due to issues as outlined in this case, or to honor faculty or staff for achievements or honor. A great example is the tree recently planted in front of Hannon Library in honor of former representative Lenn Hannon, or a recently landscaped area located to the north of the Science building as a student project. I j i I i I i I O19L6 NOE)3HO'GNVIHSV o zo 103rOUd IIVM ONINIVAH 3NVI S30N"J anmSNI E)NINHV31 DNOI 3=111 JGHSO AOO Ai[S23AWNOOMJO N213Hinos Lo 01 aE U) LU n3 to 0 o o Z I I z U) < ul W Z 5, w z K w�K U) w-;; ;; o oz w 3 o.;T E o z w w 9 wm w w E Z- ,g I -M > 2.6. . P: �:p . z Z U) e d 13 d wx 4, gn 2-5 52 V. I N- ,7 < 08 'o E - | | CITY OF ASHLAND TREE PERMIT Applicant's Name �Jc Home Phone Address Property Owner (If different than above): (f C--I I Name 01�'t veq,5 Home Phone Address F-covv,-2, Day Phone Location of Tree (Note address if different than above and include a sketch on back side of paper if necessary.): Type of Tree: f)DOI e-- Number Tree Diameter: Height: Request to: Plant — Prune Remove Other s, 614 Explanation of Request: bA NJ Date bL', h/ Applicant TREE COMMISSION RECOMMENDATION Approved Denied OW Appr d with Conditions Date Tree Commission Member Date Designated Represen+ive or City Administrato-r- This permit is valid with the above two signatures for a period of — days from All work must be completed within this time and subject to the above conditions. � a � } a' 1 + p t Pr � r r r G 3 3 y 09" ���� t µ .t s 3 xA F i x # x t Sys = u s l e € llilll�ll 2— r. .,. .� ' 2 i` a b 3 Val �? f NE, i k dt � �u i 1 S a c f m Obd f4 ���a - 1�F ` X �' •, 1a� k ta.�Yt »s � $ "�`. g x z` A 5 � xy v'S3 Px }fr # 3 yy�nn$gq t IN P WES ! STS a Wit:: v� E � t ¢ tryg i AMR ,ON e f N O O L r r Job Address: 00 TBA Contractor: ASHLAND OR 97520 Address: C Owner's Name: SOUTHERN OREGON UNIVERSITY o' Phone: Customer#: 06284 ' State Lic No: P. SOUTHERN OREGON UNIVERSITY T; City Lic No: L Applicant: R' Address: G Sub-Contractor: A Phone: Address: N; Applied: 07/05/2011 0 Issued: Expires: 01/01/2012 Phone: State Lic No: Maplot: City Lic No: DESCRIPTION: Tree is located behind Starbucks, corner of Madrone& Frances ; VALUATION Occupancy Type Construction Units Rate Amt Actual Amt Constuction Description i Total for Valuation: jr-'_ I .: ,. MECHANiGAL ELECTRICAL STRUCTURAL pERMIT�FEE DETAIL Fee Description Amount Fee Description Amount Type 1 25.00 .CONDITI"O,NS bFAPPROVAL " i COMMUNITY DEVELOPMENT Tel: 541-488-5305 20 East Main St. Fax: 541-488-5311 Ashland, OR 97520 TTY: 800-735-2900 www.ashland.or.us Inspection Request Line: 541-552-2080 I Y OF