HomeMy WebLinkAboutSiskiyou_2004_PA-2012-00334 CITY OF
ASHLAND
April 19,2012
First Baptist Church
2004 Siskiyou Blvd
Ashland, OR 97520
RE: Planning Action#2012-00334
Notice of Final Decision
On April 19,2012,the Staff Advisor for the Ashland Planning Division administratively denied your
request for the following:
PLANNING ACTION: 2012-00334
SUBJECT PROPERTY: 2004 Siskiyou Blvd
OWNER/APPLICANT: First Baptist Church
DESCRIPTION: A request for a Tree Removal Permit to remove two Maple trees greater than six inches in
diameter at breast height located in the front yard of the First Baptist Church at 2004 Siskiyou Blvd. The applicant
is proposing to mitigate removal by planting two Eastern Redbuds in their place. COMPREHENSIVE PLAN
DESIGNATION: High-density Residential; ZONING: R-3; ASSESSOR'S MAP: 39 lE 15AD; TAX LOT: 4600.
The Staff Advisor's decision becomes final and is effective on the 13"'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: Parties of record and property owners within 200 ft
COMMUNITY DEVELOPMENT DEPARTMENT Tel:541488-5305
51 Winburn Way Fax:541-552-2050
Ashland,Oregon 97520 TTY: 800-735-2900 FWAII
www.ashland.or.us W41a 11
ASHLAND PLANNING DIVISION
FINDINGS & ORDERS
PLANNING ACTION: 2012-00334
SUBJECT PROPERTY: 2004 Siskiyou Blvd.
APPLICANT: First Baptist Church
DESCRIPTION: A request for a Tree Removal Permit to remove two Maple trees greater
than six inches in diameter at breast height located in the front yard of church. The applicant is
proposing to mitigate removal by planting two Eastern Redbuds in their place.
COMPREHENSIVE PLAN DESIGNATION: High-density Residential; ZONING: R-3;
ASSESSOR'S MAP: 39 lE 15AD; TAX LOT: 4600
SUBMITTAL DATE: March 20, 2012
DEEMED COMPLETE DATE: March 21, 2012
STAFF DECISION DATE: April 19, 2012
APPEAL DEADLINE: May 1, 2012
FINAL DECISION DATE: May 2, 2012
APPROVAL EXPIRATION DATE: May 2, 2013
DECISION
The subject property is a church complex located east of Terra Avenue, south of Siskiyou Boulevard.
The property is zoned R-3, approximately 1.77 acres in size, and not located in a historic district. The
property has the church structure placed in the middle of the lot surrounded by surface parking on all
sides. A rectory is placed on a separate parcel to the east. A large landscape area between the parking lot
and street is along both street frontages. Of the 381 combined liner feet of frontage,there are currently
five trees in this landscape area. The south side of Siskiyou is not currently to City standards,but has a
wide bikepath/sidewalk and a bio-swale. Terra has curbside sidewalk, curbs and gutters.
The applicant is proposing to remove two Maple trees greater than 6 inches D.B.H. from the front
landscape area abutting Siskiyou. The applicant's findings state that in the process of removing
numerous juniper bushes from the landscaped area,they realized the Maple trees were planted on top of
a plastic layer and the applicant is concerned about the root system establishing stability. Due to the
subject parcel being located in an R-3 zone, and has a non-conforming use on the property, a Tree
Removal Permit is required.
Staff conducted a site visit to the property and although the roots are exposed and the eastern tree has a
distinct lean,the trees appear to be healthy. The Tree Commission at their April 5th meeting discussed
the proposal, and in the end felt that the trees were in good health,well established, and should not be
removed at this time. They continued to say although not the ideal tree,the two maples have become
well adapted to this location after nearly 40 years, and the existing canopy is a benefit to an otherwise
sparse section along Siskiyou Blvd.
One concern the Tree Commission had is since the landscape area is bounded on two sides by pavement,
trees often become sun scalded from the heat reflecting off the asphalt. Sun or skin scald happens mainly
to thin-barked trees such as Maples where the reflecting heat damages the trunk to such a degree that it
becomes "sunburned" and eventually dies on that side of the tree; usually the south side. Because of this
PA#2011-00334
2004 Siskiyou/MP
Page 1
factor,new trees planted in this area will have a difficult time becoming established without protection
from the heat. The commission suggested that the Maples be phased out as the new trees are phased in
this location with the existing trees providing shade thus protecting the new trees while they become
established. Another concern the Commission had with the proposal is the loss of established canopy
along the south-end of Siskiyou Blvd; and that any new tree at this location would take decades to
become established and may never reach a mature size without some form of protection from the
reflecting heat off the asphalt. The Commission wanted to reiterate to the applicant that they are not
saying no,just wait a few years to re-request removal of the Maple trees once new trees have had a
chance to become more established.
Ultimately the Tree Commission finds it is their responsibility to uphold the objectives stated within the
purpose section of Ashland Municipal Code 18.61; Tree Preservation and Protection. These include
protecting established trees as they play an important role in our environment especially as summertime
temperatures seem to be rising. Also the presence of larger established trees benefits the community the
most and not only enhances the physical character and beauty of a place, but also has greater
implications such as cleaning the air,providing shade and wildlife habitats, and physiological benefits as
well.
In staff's opinion,removal of the two Maple trees will not have a negative impact on erosion, soil
stability, or flow of surface waters due to the parcel being relatively level. However,removal would be
detrimental to the surrounding tree densities due to the lack of trees in the immediate vicinity and new
trees in this area would take decades before becoming established enough to meet or improve the
existing surrounding tree densities. Therefore,the application to remove the two Maples has been denied
at this time.
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
StaffAdvisor 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.
Planning Action 2012-00334 is denied
r
r L
Bill Molar, Directo, Date
epient of Community Development
PA#2011-00334
2004 Siskiyou/MP
Page 2
ASHLAND TREE COMMISSION
PLANNING APPLICATION REVIEW COMMENT SHEET
Apail 5, 2012
PLANNING ACTION.- 2012-00334
SUBJECT PROPERTY. 2004 Siskiyou Blvd.
APPLICANT.• First Baptist Church
DESCRIPTION.- A request for a Tree Removal Permit to remove two Maple trees
greater than six inches in diameter at breast height located in the front yard of church. The
applicant is proposing to mitigate removal by planting two Eastern Redbuds in their place.
COMPREHENSIVE PLAN DESIGNATION.- High-density Residential; ZONING: R-3;
ASSESSOR'S MAP. 391E 1 SAD; TAX LOT: 4600
Recommendation:
1) The Commission felt that the two Maples are in healthy condition and weed
maintenance is not warranted for removal. Therefore the Commission denies
removal and recommends that the applicant phase these trees out with new
vegetation and trees to be planted in and around the location.
Department of Community Development Tel:541488-5350 CITY OF
51 Winburn Way Fax:541-552-2050
Ashland,Oregon 97520 TTY: 800-735-2900
www.ashland.onus
PFF Planning Department,51 Winburn ,,Ashland,Oregon 97520 CITY OF
541-488-5305 Fax:541-552-2050 www.ashland.or.us TTY: 1-800-735-2900
NOTICE OF APPLICATION
PLANNING ACTION: 2012-00334'
SUBJECT PROPERTY: 2004 Siskyou Blvd`
OWN ERIAPPLI CANT: First Baptist Church;
DESCRIPTION: A request for a Tree Removal Permit to remove two Maple trees greater than six inches in
diameter at breast height located in the front yard of the First Baptist Church at 2004 Siskiyou Blvd. The applicant`
is proposing to mitigate removal by planting two Eastern Redbuds in their place. COMPREHENSIVE PLAN
DESIGNATION:High-density Residential,ZONING:R-3;ASSESSOR'S MAP:39 1E 95AD; TAX LOT:4600.
NOTE: The Ashland Tree Commission will also review this Planning fiction on April S,2012 at 6: 0 p. .in the Community
Development and Engineering Services building(Siskiyou Room)located at 51 Winburn Way.
NOTICE OF COMPLETE APPLICATION: March 22, 2012
DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: April 5, 2012`
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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
18.10&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 LUSA 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.
GSconim-dev\planning\Planning Actions\Noticingfolder\Mail'ed Notices&iSigns\2012\2012-0033A docx
TREE REMOVAL
18.61.080 Criteria for Issuance of Tree Removal aff Permit
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.
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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AFFIDAVIT OF MAILING
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 March 22, 2012 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
under each person's name for Planning Action #2012-00334, 2004 Siskiyou Blvd,
4P
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Signatup of Employee
Wcornrn-dev\planningTonns&Handouts�Affidavit of Mailing Planning Action Notice.doc
PA-2012-00334 391E15AD 305 PA-2012-00334 391E15AD 303 PA-2012-00334 391E15AD 302
ADLEMAN SETH J BOBB ARTHUR B BUCY SUNSHINE S
2017 SISKIYOU BLVD 2005 SISKIYOU BLVD 892 FAITH AVE
ASHLAND,OR 97520 ASHLAND,OR 97520 ASHLAND,OR 97520
PA-2012-00334 391E14BC 8500 PA-2012-00334 391E14CB 2100 PA-2012-00334 391E15AD 4600
FEDERAL NATIONAL MORTGAGE FEDERAL NATIONAL MORTGAGE FIRST BAPTIST CH OF ASHLAND
PO BOX 650043 PO BOX 650043 2004 SISKIYOU BLVD
DALLAS,TX 75265 DALLAS,TX 75265 ASHLAND, OR 97520
PA-2012-00334 391E15AD 302 PA-2012-00334 391E15AD 307 PA-2012-00334 391E15DA 6800
GROUNDWORKS COMMUNITY JONES ZANE S KESLER MARK A/PATRICIA C
DEVELOPMENT 2029 SISKIYOU BLVD 264 PARKDALE ST
132 MAIN ST 102 ASHLAND,OR 97520 SUSANVILLE,CA 96130
MEDFORD.OR 97501
PA-2012-00334 391E14BC 90005
PA-2012-00334 391E15AD 304 PA-2012-00334 391E14CB 5000 NEUMAN PROPERTIES AND
KLEIN ALLEN KURTZ RONALD S TRUSTEE ET AL DEVELOPMENT LLC
2011 SISKIYOU BLVD 976 LINDA AVE 953 EMIGRANT CREEK RD
ASHLAND,OR 97520 ASHLAND, OR 97520 ASHLAND,OR 97520
PA-2012-00334 391E15AD 306 PA-2012-00334 391E15AD 309 PA-2012-00334 391EISAD 308
POLLOCK ELAINE REYNOLDS LYNN B RICKERT VICTORIA L
2023 SISKIYOU BLVD 2041 SISKIYOU BLVD 2035 SISKIYOU BLVD
ASHLAND,OR 97520 ASHLAND, OR 97520 ASHLAND,OR 97520
PA-2012-00334 391E14BC 6900 PA-2012-00334 391E14BC 6600 PA-2012-00334 391E15DA 7700
RODAS ANTONIA P ROUNDS DYLAN E/SUSAN JAY SWAIN EVERETT L/WINONA
889 GLENDALE AVE 949 CEDAR WY 2000 VERDA
ASHLAND, OR 97520 ASHLAND,OR 97520 ASHLAND,OR 97520
PA-2012-00334 391E14BC 8600
THORMAHLEN PHILIP A TRUSTEE ET PA-2012-00334 391E14BC 6700
96 FORK ST WRIGHT FREDERICK FULLERTON III
ASHLAND,OR 97520 1593 PIONEER RD
TALENT,OR 97540
March 19, 2012
Property: 2004 Siskiyou Blvd.
Section 18.61.050 Submittal Requirements
A.
a. See attachments for pictures of property and trees
b. Removal date at the end of April 2012 —first part of May, 2012
c. Reason for removal ..
1.When trees were planted plastic was put down and now as you can see
by the pictures the roots are on top of the soil and there is some concern over
their stability.
2. We landscaped this area last summer (2011) and in the process pulled
out all of the juniper plants that covered this area. We put in new plants and a
gravel walkway. However, now all the seedlings from these trees are sprouting
up all over. (1000''s of them) We see this as a constant problem, we did not
realize how messy these trees were until we removed the juniper bushes.
d. We like having trees in these spots so we are replacing them with Eastern
Redbuds which have a beautiful pink flower in the spring and don't drop any
seedlings! The grow to a height of about 20-25ft and the deer do not like them.
Which is important since we have 3 that come by everyday.
e. I have included pictures of the property showing which trees are for
removal. They are the two that go along Siskiyou blvd.
f. We have three other trees on this section of property that will remain. One
pine about 20 ft tall, a deciduous tree about 25 ft tall and then beautiful fir tree at
the corner about 50 ft tall. We have also added 5 other trees on the property that
are next to the church.
MAR
March 19, 2012
Property- 2004 Siskiyou Blvd
Section 18.61.080 B.
B. Tree that is not a Hazard:
I. Since we are replacing the two maples with two Eastern Redbuds we see this
as being consistent with the surrounding areas and with the landscaping of the property.
Two years ago we added five other trees that are next to the church building itself and
they are trees that are similar to the size and shape of these new trees, We also see
the pink flowers of the tree as a common theme color in the city.
2. The parking lot is flat as well as the area that the trees sit upon. There is also
a small curb that keeps water from the parking lot from going into the landscaped areas.
There is plenty of distance between these trees and the other trees so we do not see
this as having any effect on them. Lastly these trees do not serve as much of a
windbreak and there are no residential houses near the trees.
3, The tree densities will remain intact as we are adding the same amount of
trees that we are removing. The biggest advantage is that these new trees will not
create nearly as much debris in the Fall.
4. We are mitigating the removal by replacing them with the two Eastern
Redbuds, The plan is to have the new trees planted within two weeks of removal of the
other trees so the visual impact will be minimal.
March 19, 2012
Property: 2004 Siskiyou Blvd
Section 18.61.084 Mitigation Required
A, We will be planting two Eastern dbuds and they will be at
least 5-6 ft in height. These trees may not get quite as big as the maples, but we saw
this as an advantage as they will not block to view of the property as much. We have
water lines for a drip system already installed to make sure that they have adequate
water.
B. EpplantiQg ff site. As shown by the pictures there is plenty of room for these new
trees.
C. Pa ment in lieu of lantin . Hopefully this will not be an issue with this plan.
D. Our plan is to have the news trees planted within two weeks of the removal of the
other trees. We want to get them in this spring, so as soon as it is approved we will
remove them.
ti,,IAR 2
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P ZONING I APPLICATION
IF
Planning Division
CITY 51 Winb rn Way;Ashland OR 975201 FILE#
ASHLAND 541-488-5305 Fax 541-488-6006
DESCRIPTION OF PROJECT
DESCRIPTION OF PROPERTY' Pursuing LEED@ Certification? E:1 YES 0 NO
Street Address t. :°>, lCo i lw f µre r ie ..,
Assessor's Map No.39 1 E 15-A r __ Tax Lot(s)
Zoning.___ l w _ Camp Plan Designation , X r,,
APPLICANT pp
Name ` cuvL- o- Phone E-Mail. .
Address_ _- City Zip,
PROPERTY OWNER
Name -i5 7 ,vL i tt 1 l?i r1�El r c _ Phone s l l T t r: w 3 7 E-Mail
Address oc>,i ,lc, t, 1} t Cit �r �� i
°� I -—_�� �, _ _�-__ y � Zip
SURVEYOR ENGINEER ARHETECT LANDSCAPE ARCHETET DTI IER
Title Name__ Phone E-Mail
Address_m_ ----- City Zip
Title: Name Phone -Mail
Address.. T City �. -- Zip'
I hereby certify that the statements and information contained in this application,including the enclosed'drawings and the required findings of fact,are in ail respects,
true and correct. I understand that all property pins must be shown on the drawings and visible upon the site inspection. In the event the pins are not shown or their
location found to be incorrect,the owner assumes full responsibility. I further understand that if this request is subsequently contested,the burden will be on me to
establish.
1) that I produced sufficient factual evidence at the hearing to support this request;
2) that the findings of fact furnished justifies the granting of the request;'
3) that the findings of fact furnished by me are adequate;and further
4) that all structures or improvements are property located on the ground.
Failure in this regard will result most likely in not only the request being set aside,but also possibly in my structures being built in reliance thereon being required to
be removed at my expense !f l hav any doubts,/am advised to seek competent professional advice and assistance.
Applicant's Signature -- Date
As owner of the property involved in this request,I have read and understood the complete application and its consequences to me as a property
owner
Property Owner's Signature(required) Date
(To be completed by City Staffj r"
Date Received __. °' _ Zoning Permit Type � — _ Filing Fee$__
OVER 0
U:Ac'Qmm-de0pimmitiffo is&Ilan(loutatfoning PemiitApl)lieution.9oe#
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Job Address: 2004 SISKIYOU BLVD Contractor:
ASHLAND OR 97520 Address:
G
A Owner's Name: FIRST BAPTIST CH OF ASHLAND Q i Phone:
P Customer#: 06687 N State Lic No:
P DON BALDRICA T' City Lic No:
L Applicant: 2948 BARBARA ST R
Address: ASHLAND OR 97520 q
C Sub-Contractor:
A Phone: T Address:
N Applied: 03/20/2012 0
T Issued:
Expires: 09/16/2012 R Phone:
State Lic No:
Maplot: 391 E15AD4600 City Lic No:
DESCRIPTION: Tree Removal Permit
VALUATION
Occupancy Type Construction Units Rate Amt Actual Amt Constuction Description
Total for Valuation:
MECHANICAL
ELECTRICAL
STRUCTURAL
PERMIT FEE DETAIL
Fee Description Amount Fee Description Amount
Tree Removal/Verification 27.00
CONDITIONS OF APPROVAL
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 CITY OF
ASHLAND