HomeMy WebLinkAboutNMountain_90_PA-2014-00701
CITY F
ASHLAND
May 29, 2014
Notice of Final Decision
On May 28, 2014, the Community Development Director approved the request for the following:
Planning Action: 2014-00701
Subject Property: 90 N Mountain Avenue
Applicant: Ashland Parks & Recreation
Description: A Tree Removal Permit request to remove one tree, an 18-inch d.b.h. Scotch
Pine, from the City Utility and Maintenance Yard property at 90 North Mountain Avenue.
COMPREHENSIVE PLAN DESIGNATION: Employment; ZONING: E-1; ASSESSOR'S MAP: 39 lE
10 TAX LOT: 900.
The Community Development Director's decision becomes final and is effective on the 13'' day after the
Notice of Final Decision is mailed. Approval is valid for a period of one year and all conditions of
approval identified on the attached Findings are required to be met prior to project completion.
The application, all associated documents and evidence submitted, and the applicable criteria are
available for review 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.
Prior to the final decision date, anyone who was mailed this Notice of Final Decision may request a
reconsideration of the action 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 ALUO
18.108.070(B)(2)(c). The ALUO sections covering reconsideration and appeal procedures are attached.
The appeal may not be made directly to the Oregon Land Use Board of Appeals.
If you have any questions regarding this decision, please contact Derek Severson in the Community
Development Department at (541) 488-5305.
cc: Parties of record and property owners within 200 ft
COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541488-5305
51 Winbum Way Fax: 541-552-2050 ?
Ashland, Oregon 97520 TTY: 800-735-2900
www. ashland. onus U t~
SECTION 18.108.070(B)2 Effective Date of Decision and Appeals.
B. Actions subject to appeal:
2. Type I Planning Actions.
a. Effective Date of Decision. The final decision of the City for planning actions resulting from the
Type I Planning Procedure shall be the Staff Advisor decision, effective on the 13th day after
notice of the decision is mailed unless reconsideration of the action is approved by the Staff
Advisor or appealed to the Commission as provided in section 18.108.070(B)(2)(c).
b. Reconsideration. The Staff Advisor may reconsider Type I planning actions as set forth below.
i. Any party entitled to notice of the planning action, or any City Agency may request
reconsideration of the action after the decision has been made by providing evidence to the
Staff Advisor that a, factual error occurred through no fault of the party asking for
reconsideration, which in the opinion of the staff advisor, might affect the decision.
Reconsideration requests are limited to factual errors and not the failure of an issue to be
raised by letter or evidence during the opportunity to provide public input on the application
sufficient to afford the Staff Advisor an opportunity to respond to the issue prior to making a
decision.
ii. Reconsideration requests shall be received within five (5) days of mailing. The Staff Advisor
shall decide within three (3) days whether to reconsider the matter.
iii. If the Planning Staff Advisor is satisfied that an error occurred crucial to the decision, the
Staff Advisor shall withdraw the decision for purposes of reconsideration. The Staff Advisor
shall decide within ten (10) days to affirm, modify, or reverse the original decision. The Staff
Advisor shall send notice of the reconsideration decision to affirm, modify, or reverse to any
party entitled to notice of the planning action.
iv. If the Staff Advisor is not satisfied that an error occurred crucial to the decision, the Staff
Advisor shall deny the reconsideration request. Notice of denial shall be sent to those parties
that requested reconsideration.
c. Appeal.
i. Within twelve (12) days of the date of the mailing of the Staff Advisor's final decision,
including any approved reconsideration request, the decision may be appealed to the Planning
Commission by any party entitled to receive notice of the planning action. The appeal shall be
submitted to the Planning Commission Secretary on a form approved by the City
Administrator, be accompanied by a fee established pursuant to City Council action, and be
received by the city no later than 4:30 p.m. on the 12'' day after the notice of decision is
mailed.
ii. If an appellant prevails at the hearing or upon subsequent appeal, the fee for the initial hearing
shall be refunded. The fee required in this section shall not apply to appeals made by
neighborhood or community organizations recognized by the city and whose boundaries
include the site.
iii. The appeal shall be considered at the next regular Planning Commission or Hearings Board
meeting. The appeal shall be a de novo hearing and shall be considered the initial evidentiary
hearing required under ALUO 18.108.050 and ORS 197.763 as the basis for an appeal to the
Land Use Board of Appeals. The Planning Commission or Hearings Board decision on appeal
shall be effective 13 days after the findings adopted by the Commission or Board are signed
by the Chair of the Commission or Board and mailed to the parties.
iv. The appeal requirements of this section must be fully met or the appeal will be considered by
the city as a jurisdictional defect and will not be heard or considered.
COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541-488-5305
51 Winbum Way Fax: 541-552-2050
Ashland, Oregon 97520 TTY: 800-735-2900-
www.ashland.orms f~ a
ASHLAND PLANNING DIVISION
FINDINGS & ORDERS
PLANNING ACTION: PA-2014-00701
SUBJECT PROPERTY: 90 North Mountain Avenue
APPLICANT: Ashland Parks & Recreation
DESCRIPTION: A Tree Removal Permit request to remove one tree, an 18-inch
diameter at breast height (d.b.h.) Scotch Pine, from the City Utility and Maintenance Yard
property located at 90 North Mountain Avenue.
COMPREHENSIVE PLAN DESIGNATION: Employment; ZONING: E-1;
ASSESSOR'S MAP: 39 lE 10 TAX LOT: 900
SUBMITTAL DATE: April 24, 2014
DEEMED COMPLETE DATE: May 5, 2014
STAFF APPROVAL DATE: May 28, 2014
APPEAL DEADLINE (4:30 P.M.): June 9, 2014
FINAL DECISION DATE: June 10, 2014
APPROVAL EXPIRATION DATE: June 10, 2015
DECISION
The subject property is an irregularly-shaped, roughly triangular 8.48 acre parcel located east of
the intersection of East Main Street and North Mountain Avenue. The property is bounded on its
north side by the railroad tracks, on its south side by East Main Street, and on its west side by
North Mountain Avenue. The property currently contains a Public Works warehouse and
associated offices for several of the city's utility departments at 90 North Mountain Avenue, the
Ashland Police Department at 1155 East Main Street, the Ashland City Council Chambers and
Municipal Court building at 1175 East Main Street, and The Grove, a community center building
at 1195 East Main Street. The remainder of the site includes outdoor parking areas and
associated site landscaping, and indoor and outdoor material storage areas for the various city
departments housed on site, including electric, water, wastewater, fiber network, streets, fleet,
facilities, purchasing and warehousing.
The site is located in the Employment (E-1) zoning district, and is designated for "Public Schools
& Facilities" in the Comprehensive Plan. It was purchased in the 1970's for the purpose of
relocating city facilities from other locations around the city into a consolidated location as well
as to provide sufficient area for the storage for materials. The site is largely flat and paved to
accommodate the parking and circulation associated with the various city functions occurring on
the site, and is generally devoid of significant natural features. Vegetation on the site is limited
to landscaping at the perimeter and in the parking areas, with the only substantial green space in
the form of lawn area along the frontages of the Police Department and City Council Chambers
buildings and directly behind the City Council Chambers.
The applicant proposes to remove one tree, an 18-inch diameter at breast height (d.b.h.) Scotch
Pine from one of the perimeter landscape areas along the property's north boundary. The
application notes that more than 50 percent of the tree's vegetation is dead, and provides photos
to support this assertion. The application, prepared by Ashland Parks and Recreation
PA #2014-00701
90 Mountain Ave. N./dds
Page 1
Department's Landscape Division Manager Ann Thayer, an arborist, explains that the tree's
location is very constrictive for a tree of this size, type and stature; and notes that there is a sewer
line located directly beneath the tree's roots. The application indicates that the tree has been
stressed by the site constraints, and that this has been exacerbated by borers and sapsuckers
which have both contributed to the tree's decline. The application requests to remove the tree
prior to the start of fire season, and notes that removal of the tree will not have an impact on soil
stability, existing windbreaks or the protection of adjacent trees. The application notes that
mitigation will be provided within one year.
In reviewing the application and associated photos, the tree is located along the north edge of the
property, near the fence between the City's maintenance yard and the Central Ashland Bikepath.
The photos provided show the severely constrained growth area for a tree of this type and size,
the signs of borers and sapsuckers, and that the tree's vegetation is largely dead as described in
the application submittals.
The Ashland Tree Commission was scheduled to review the request at their regular meeting on
May 8, 2014 but was unable to meet due to a lack of quorum. In discussing the request
informally with the two commissioners who were present but unable to meet, both were in
agreement that the condition of the tree merited immediate removal.
Subsequent.to the notice of complete application being mailed to neighbors, one neighboring
property owner contacted staff with concerns that removal of an evergreen could adversely
impact air quality. However, after looking at the tree's condition on site, speaking with staff, and
noting that the removal of the tree was required to be mitigated, the neighbor indicated that she
understood the basis for the request and thought the tree needed to come out.
The criteria for a Hazard Tree Removal Permit are described in AMC Chapter 18.61.080,
as follows:
A. Hazard Tree: The StaffAdvisor 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:
PA #2014-00701
90 Mountain Ave. N./dds
Page 2
C
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 alternative 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 of alternate landscaping designs that would lessen the
impact on trees, so long as the alternatives continue to comply with the 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.
Planning Action 2014-00701 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 2014-00701 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, including but not limited
to that mitigation be addressed in accordance with AMC 18.61.084, unless otherwise
-modified herein.
Bi1l~M nab, Director Date
Department of Community Development
PA #2014-00701
90 Mountain Ave. N./dds
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THOMPSON BRENT TRUSTEE ET AL BLUE IRIS PROPERTIES LLC RODRIGUEZ ROBERT
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THOMASHEFSKY ALLEN J AYALA LAZARO TRUSTEE ET AL ASHLAND ACADEMY OF ART LLC
64 N 3RD ST 132 W MAIN ST 202 222 LANILOA WAY
ASHLAND, OR 97520 MEDFORD, OR 97501 HAHI,U, HI 96708
PA-2014-00701 391E09AD 7100 PA-2014-00701 391E09AD 7200 PA-2014-00701 391E09AD 7300
GERSCHLER KENNETH G/LINDA E CONKLIN JIM TRUSTEE HALL RICHARD
1125 E MAIN ST 3120 SOUTH STAGE RD 892 MENDOLIA WAY
ASHLAND, OR 97520 MEDFORD, OR 97501 CENTRAL POINT, OR 97502
PA-2014-00701 391E09AD 7400 PA-2014-00701 391E09AD 7500 PA-2014-00701 391E09AD 7600
ELIASON GREGORY JACOBSON SEPORA MAYIM JACOBSON SEPORA MAYIM
SCOTT/APODACA JACQUELINE 1031 PAKINGTON ST 1031 PAKINGTON ST
112 NOB HILL ST VICTORIA, BC V8V382 VICTORIA, BC V8V382
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PA-2014-00701 391E09AD 60003 PA-2014-00701 391E09AD 60004 PA-2014-00701 391E09AD 60005
COOMBS MARY IRENE HIGH PRISCILLA TRUSTEE ET AL MAIER JO ANN TRUSTEE ET AL
70 N MOUTAIN AVE 1505 2709 CLAY CREEK WAY 1156 IDAHO ST
ASHLAND, OR 97520 ASHLAND, OR 97520 SAN JOSE; CA 95126
PA-2014-00701 391E09AD 60006 PA-2014-00701 391E09AD 60007 PA-2014-00701 391E09AD 60008
WAXMONSKY STEVEN/JEN_YA MARSHIK LINDA SCHREIBER ARTHUR H TRUSTEE ET
6466 HOLLIS ST 333 415 E 18TH ST 64 N MOUNTAIN AVE
EMERYVILLE, CA 94608 NORTH VANCOUVER, BC V71, 2Y1 ASHLAND, OR 97520
PA-2014-00701 391E10 800 PA-2014-00701 391E10 900
HODGINS ROBERT DALE TRUSTEE COMMUNITY WORKS INC
165 TIM 3ERLAKE DR 900 E MAIN ST
ASHLAND, OR 97520 MEDFORD, OR 97504
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PEARSON ADAM J/CHRISTINA A TAYLOR STEVEN W/WANDA HOWE ANNA K TRUSTEE ET AL
33 GARFIELD ST 32 LINCOLN ST P O BOX 336
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2014-00701 391EIOBC 5405 PA-2014-00701 391EIOBC 5406 PA-2014-00701 391E1 OBC 5407
ASHLAND CITY OF POWELL JEANNE H TRUSTEE ET AL GOTTLIEB HEIDEN E
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PA-2014-00701 391E1013C 5408 PA-2014-00701 391E10BC 5409 PA-2014-00701 391ElOBC 5410
ROSENTHAL RICHARD S DYKSTRA JAMES D JR/MARIA E PRESKENIS DANIEL J/AMY I
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1258 ROSE LN 5072 OLD HWY 99 S 1278 ROSE LN
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PA-2014-00701 391EIOBC 5414 PA-2014-00701 391EIOBC 5415 PA-2014-00701 391E1 OBC 5416
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LEWIS-RAYMAN KATHY M NORTHCUTT JACK DBETTY A 340 S. PIONEER STREET
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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 May 29, 2014 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 #2014-00701, 90 N Mountain NOD.
Signature of Employee
Documend 512912014
Planning Department, 51 Winuurn Way, Ashland, Oregon 97520 C T Y F
541-488-5305 Fax: 541-552-2050 www.ashland.orms TTY; 1-800-735-2900 C AND
NOTICE OF APPLICATION
PLANNING ACTION: 2014-00701
SUBJECT PROPERTY: 90 North Mountain
OWNERIAPPLICANT: Ashland Parks & Recreation
DESCRIPTION: A Tree Removal Permit request to remove one tree, an 18-inch d.b.h. Scotch Pine, from the City Utility
and Maintenance Yard property at 90 North Mountain Avenue. COMPREHENSIVE PLAN DESIGNATION: Employment;
ZONING: E-1; ASSESSOR'S MAP: 39 1E 10 TAX LOT: 900.
NOTE: The Ashland Tree Commission will also review this Planning Action on Thursday, May 8, 2014 at 6:00 p.m. in the
Community Development and Engineering Services building (Lithia Room) located at 51 Winburn Way.
NOTICE OF COMPLETE APPLICATION: May 5, 2014
DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: May 19, 2014
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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
18.108.040)
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.
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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 May 5, 2014 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 #2014-00701, 90 N Mountain.
Signature of Employee
Dmumenl4 5/512014
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ASHLAND, OR 97520
PA-2014-00701 391E09AD 100 PA-2014-00701 39IE09AD 200
GRAWOIG MARTE LOGAN THOMPSON BRENT TRUSTEE ET AL
711 MEDFORD CTR 185 P O BOX 201
MEDFORD, OR 97504 ASHLAND, OR 97520
PA-2014-00701 391E09AD 201 PA-2014-00701 391E09AD 600 PA-2014-00701 391E09AD 601
THOMPSON BRENT TRUSTEE ET AL BLUE IRIS PROPERTIES LLC RODRIGUEZ ROBERT
P O BOX 201 PO BOX 338 61 N MOUNTAIN AVE
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2014-00701 391E09AD 603 PA-2014-00701 391E09AD 700 PA-2014-00701 391E09AD 1100
THOMASHEFSKY ALLEN J AYALA LAZARD TRUSTEE ET AL ASHLAND ACADEMY OF ART LLC
64 N 3RD ST 132 W MAIN ST 202 222 LANILOA WAY'
ASHLAND, OR 97520 MEDFORD, OR 97501 HAIKU, HI 96708
PA-2014-00701 391E09AD 7100 PA-2014-00701 391E09AD 7200 PA-2014-00701 391E09AD 7300
GERSCHLER KENNETH G/LINDA E CONKLIN JIM TRUSTEE HALL RICHARD
1125 E MAIN ST 3120 SOUTH STAGE RD 892 MENDOLIA WAY
ASHLAND, OR 97520 MEDFORD, OR 97501 CENTRAL POINT, OR 97502
PA-2014-00701 391E09AD 7400 PA-2014-00701 391E09AD 7500 PA-2014-00701 391E09AD 7600
ELIASON GREGORY JACOBSON SEPORA MAYIM JACOBSON SEPORA MAYIM
SCOTT/APODACA JACQUELINE 1031 PAKINGTON ST 1031 PAKINGTON ST
112 NOB HILL ST VICTORIA, BC V8V382 VICTORIA, BC V8V382
ASHLAND. OR 97520
PA-2014-00701 391E09AD 7700 PA-2014-00701 391E09AD 60001 PA-2014-00701 391E09AD 60002
JACOBSON SEPORA MAYIM WOLF STEPHEN H CRUZ SANDRA
1031 PAKINGTON ST PO BOX 152 72 N MOUNTAIN AVE
VICTORIA, BC V8V382 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2014-00701 391E09AD 60003 PA-2014-00701 391E09AD 60004 PA-2014-00701 391E09AD 60005
COOMBS MARY IRENE HIGH PRISCILLA TRUSTEE ET AL MAIER JO ANN TRUSTEE ET AL
70 N MOUTAIN AVE 1505 2709 CLAY CREEK WAY 1156 IDAHO ST
ASHLAND, OR 97520 ASHLAND, OR 97520 SAN JOSE, CA 95126
PA-2014-00701 391E09AD 60006 PA-2014-00701 391E09AD 60007 PA-2014-00701 391E09AD 60008
WAXMONSKY STEVEN/JENYA MARSHIK LINDA SCHREIBER ARTHUR H TRUSTEE ET
6466 HOLLIS ST 333 415 E 18TH ST 64 N MOUNTAIN AVE
EMERYVILLE, CA 94608 NORTH VANCOUVER, BC V7L 2Y1 AS OR 97520
PA-2014-00701 391E10 800 PA-2014-00701 391E10 900
HODGINS ROBERT DALE TRUSTEE COMMUNITY WORKS INC
165 TIMBERLAKE DR 900 E MAIN ST
ASHLAND, OR 97520 MEDFORD, OR 97504
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PA-2014-00701 391E10 1000
JACKSON CO SCHOOL DIST #5
.885 SISKIYOU BLVD
ASHLAND, OR 97520
PA-2014-00701 391ElOBC 2800 PA-2014-00701 391EIOBC 2801 PA-2014-00701 391E1 OBC 2802
CARLICINO ARIEL RANA MARIA CARLICINO ARIEL RANA MARIA REDDING LINDA J
23 GARFIELD ST 23 GARFIELD ST 31 GARFIELD ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2014-00701 391EIOBC 2803 PA-2014-00701 391EIOBC 2900 PA-2014-00701 391E10BC 2901
PEARSON ADAM J/CHRISTINA A TAYLOR STEVEN W/WANDA HOWE ANNA K TRUSTEE ET AL
33 GARFIELD ST 32 LINCOLN ST P O BOX 336
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2014-00701 391E10BC 5405 PA-2014-00701 391EIOBC 5406 PA-2014-00701 391E1 OBC 5407
ASHLAND CITY OF POWELL JEANNE H TRUSTEE ET AL GOTTLIEB HEIDEN E
CITY HALL 1208 ROSE LN 1218 ROSE LN
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
i
PA-2014-00701 391EIOBC 5408 PA-2014-00701 391EIOBC 5409 PA-2014-00701 391E1 OBC 5410
ROSENTHAL RICHARD S DYKSTRA JAMES D JR/MARIA E PRESKENIS DANIEL J/AMY I
1228 ROSE LN 1238 ROSE LN 1248 ROSE LN
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
i
PA-2014-00701 391EIOBC 5411 PA-2014-00701 391EIOBC 5412 PA-2014-00701 391E10BC 5413
TOEWS ERIC H/CASSANDRA S TYGERSON DAVID G/KELLY A HEALEY KIMBERLEY
1258 ROSE IN 5072 OLD HWY 99 S 1278 ROSE LN
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2014-00701 391EIOBC 5414 PA-2014-00701 391EIOBC 5415 PA-2014-00701 391EIOBC 5416
GRAHAM ROSEMARY TSCHANN DENISE M FRANKS VERNON LOUIS TRUSTEE ET
1288 ROSE LN 659 FORDYCE ST 555 SHERIDAN ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2014-00701 391EIOBC 5417 PA-2014-00701 391EIOBC 5419 PA-2014-00701 391EIOBC 5420
YOUNG SALLY O TRUSTEE FBO SCHOROVSKY SANDRA B POE PATRICIA L TRUSTEE FBO
2300 TAYLOR AVE 1285 ROSE LN 27 DEWEY
YREKA, CA 96097 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2014-00701 391E10BC 5422 PA-2014-00701 391EIOBC 8900 ASHLAND PARKS & RECREATION
LEWIS-RAYMAN KATHY M NORTHCUTT JACK DBETTY A 340 S. PIONEER STREET
1254 ORCHID ST 1340 E MAIN ST ASHLAND, OR 97520
ASHLAND, OR 97520 ASHLAND, OR 97520 ATTN: ANN THAYER
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April 23, 2014
Amy Gunter
City of Ashland Planning Department
51 Winburn Way
Ashland OR 97520
Re: Request for tree removal City of Ashland Utility Yard
18.61.080 Criteria for Issuance of Tree Removal - Staff Permit
An applicant for a Tree Removal Permit shall demonstrate that the l' ollowing criteria
are satisfied. The Staff Advisor may require an arbofist'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 presentsa
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.
I 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.
I3. 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 pernnit 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 gaunt 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 snaking 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.
Tree Removal Permit Request Criteria
A Scotch pine, Pinus sylvestrus, with an 18" dbh located within the City Utility Yard is more than 50%
dead. Please see attached photos.
The tree site location is very constrictive for a tree of this size and stature. A sewer line is located just
below the tree roots. Stress on the tree was induced as a result of the site location constraints.
Furthermore, borers and sapsuckers have attributed to the decline of this tree.
It is in the best interest of the City to remove this tree prior to fire season.
Removal of this tree will not have an impact on soil stability, existing windbreaks, or protection of
adjacent trees.
18.61.084 Mitigation Required
Al applicant shall be required to provide mitigation for any tree, approved for
removal. The mitigation requirement shall be satisfied by one or more of the
following
A. Replanting on site. The applicant shall plant either a minimum 1 '/2-inch caliper
healthy and well-branched deciduous tree or a 5-6 foot tall evergreen tree for each
tree removed. The replanted tree shall be of a species that will eventually equal or
exceed the removed tree in size if appropriate for the new location. Larger trees
may be required where the mitigation is intended, in part, to replace a visual
screen between land uses. "Suitable" species means the tree' s growth habits and
environmental requirements are conducive to the site, given the existing
topography, soils, other vegetation, exposure to wind and sun, nearby structures,
overhead wires, etc. The tree shall be planted and maintained according to the
specifications in the City Tree Planting and Maintenance Guidelines as approved
by the City Council.
B. Replanting off site. if in the City's determination there is insufficient available
space on the subject property, the replanting required in subsection A shall occur
ou other property in the applicant's ownership or control within the City, in an
open space tract that is part of the same subdivision, or in a City owned or
dedicated open space or park. Such mitigation planting is subject to the approval
of the authorized property owners. if planting on City owned or dedicated
property, the City may specify the species and size of the tree. Nothing in this
section shall be construed as an obligation of the City to allow trees to be planted
on City owned or dedicated property.
C. Payment in lieu of planting. If in the City's determination no feasible
alternative exists to plant the required mitigation, the applicant shall pay into the
tree account an amount as established by resolution of the City Council.
D. An approved mitigation plan shall be fully implemented within one year of a
tree being removed unless otherwise set forth in a tree removal application and
approved in the tree removal permit.
Because the tree is on City property, under 18.61.084, mitigation for its removal within a year is
proposed.
Thank you,
Anne C. Thayer
Landscape Division Manager
Ashland Parks and Recreation
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ZONING PERMIT APPLICATION
Planning Division
51 Winburn Way, Ashland OR 97520
CITY FILE #
ASHLAND 541-488-5305 Fax 541-488-6006
DESCRIPTION OF PROJECT
DESCRIPTION OF PROPERTY Pursuing LEED® Certification? ❑ YES ❑ NO
Street Address
Assessor's Map No. 39 1 E Tax Lot(s)
Zoning Comp Plan Designation
APPLICANT
Name Phone E-Mail
Address City Zip
PROPERTY OWNER
Name Phone E-Mail
s
Address City Zip
SURVEYOR ENGINEER ARCHITECT LANDSCAPE ARCHITECT OTHER
Title Name Phone E-Mail
Address City Zip
Title Name Phone E-Mail
Address City Zip
1 hereby certify that the statements and information contained in this application, including the enclosed drawings and the required findings of fact, are in all 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. 1 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 properly 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. If I have any doubts, I am advised to seek competent professional advice and assistance.
Applicant's Signature Date
As owner of the propertyinvolved in this request, l have read and understood the complete application and its consequences to me as a property
owner.
Property Owner's Signature (required) Date
[ro be completed by City Staff) p
Date Received ` Zoning Permit Type Filing Fee $
OVER 0
GA\ mm-dev\plmning\Fon &Handouts\Zoning Pemvt Application.doc
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i ~n -~'I "I~%' I r ~ ~ , r,s; iii:
Job Address: 90 N MOUNTAIN AVE Contractor:
SERVICE CENTER Address:
ASHLAND OR 97520 C
A Owner's Name: CITY OF ASHLAND ® Phone:
P Customer 07712 N State Lic No:
P CITY OF ASHLAND T City Lic No:
L Applicant: 20 EAST MAIN ST R
I Address: ASHLAND OR 97520 A
C C Sub-Contractor:
A Phone: T Address:
N Applied: 04/28/2014 0
T Issued:
Expires: 10/25/2014 Phone:
State Lic No:
Maplot: 391 E10BC5302 City Lic No:
DESCRIPTION: Parks Department - Tree Removal located at the City Utility Yard
f 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 28.00
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
CITY F
Inspection Request Line: 541-552-2080
I hereby certify the contents of this application to be correct to the
best of my knowledge, and furthermore, that I have read, Fee Summary Paid Amounts
understood and agreed to the following:
Building: $ 0.00 $ 0.00
1. This permit shall remain valid only in accordance with code State Surcharge: $ 0.00 $ 0.00
or regulation provisions relating to time lapse and revocation Development Fees: $ 0.00 $ 0.00
(180 days).
2. Work shall not proceed past approved inspection stage. All Systems Development Charges: $ 0.00 $ 0.00
required inspections shall be called for 24 hours in advance. Utility Connection Fees: $ 0.00 $ 0.00
3. Any modifications in plans or work shall be reported in
advance to the department. Public Works Fees: $ 0.00 $ 0.00
4. Responsibility for complying with all applicable federal, state, Planning Fees: $ 28.00 $ 0.00
or local laws, ordinances, or regulations rests solely with the
applicant. Sub-Total: $ 28.00
Fees Paid: $ 0
Applicant Date Total Amount Due: $ 28.00
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 C I T Y