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
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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
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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
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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
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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)
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Wcomm-dev\planning\Notices Mailed\2011\2011-00886,2.doc j
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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
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under each person's name for Planning Action #2011-00886, 1250 Siskiyou Blvd. j
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Signa e of Employee
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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.
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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.
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Job Address: 00 TBA Contractor:
ASHLAND OR 97520 Address:
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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
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Total for Valuation:
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,. MECHANiGAL
ELECTRICAL
STRUCTURAL
pERMIT�FEE DETAIL
Fee Description Amount Fee Description Amount
Type 1 25.00
.CONDITI"O,NS bFAPPROVAL "
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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