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Home My WebLink AboutPioneer_35_PA-2014-00372 CITY F ASHLAND April 10, 2014 Notice of Final Decision On April 9, 2014, the Community Development Director approved the request for the following: Planning Action: 2014-00372 Subject Property: 35 S. Pioneer Applicant: Oregon Shakespeare Festival Description: A Tree Removal request to remove a hazardous 15-inch Red Maple tree located within the "Bricks" area located at 35 S. Pioneer. COMPREHENSIVE PLAN DESIGNATION: Commercial; ZONING: C-1-2; ASSESSOR'S MAP: 39 09BB TAX LOTS: 14000 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 Michael Pina in the Community Development Department at (541) 488-5305. cc: Parties of record and property owners within 200 ft COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541-488-5305 51 Winburn Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.or.us 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 12t1i 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 Winburn Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 I www.ashland.or.us l ASHLAND PLANNING DIVISION FINDINGS & ORDERS PLANNING ACTION: PA-2014-00372 SUBJECT PROPERTY: 35 S. Pioneer APPLICANT: Oregon Shakespeare Festival DESCRIPTION: A Tree Removal request to remove a hazardous 15-inch Red Maple tree located within the "Bricks" area located at 35 S. Pioneer. COMPREHENSIVE PLAN DESIGNATION: Commercial; ZONING: C-1-2; ASSESSOR'S MAP: 39 09BB TAX LOTS: 14000 SUBMITTAL DATE: March 12, 2014 DEEMED COMPLETE DATE: March 17, 2014 STAFF APPROVAL DATE: April 9, 2014 FINAL DECISION DATE: April 21, 2014 APPROVAL EXPIRATION DATE: April 21, 2015 DECISION The subject property is a located uphill (south) of East Main Street, west of Pioneer, and known as the 'Bricks': a public space bound by the Bowmer Theater, Elizabethan Stage, and Oregon Shakespeare Festival (OSF) administration building. The site is primarily covered in impervious surfaces, with the exception of this and another larger area consisting of turf and trees. The applicant proposes to remove a 15-inch Red Maple located within the western landscape island adjacent to the Bowmer Theater. The certified arborist report, submitted by Willie Gingg of Southern Oregon Tree Care, inspected the trees and noted that a significant portion of the tree had yet to bud out, indicating those branches were dead. The report concludes that with a heavily used pedestrian space directly beneath the dead branches, that the risk of injury to people is too great, therefore recommends removal and replacement of a smaller tree in the same location. The City of Ashland Tree Commission reviewed the proposal at their April 3, 2014 regular meeting. In deliberating the request, the Commission agreed with the arborist statement that this particular tree needs to be removed, however noted that Red Maples are traditionally thin skinned and susceptible to reoccurring damages to the bark by irrigation lines and sun scold. Therefore, the Commission recommended that a Tupelo (Sour Gum), Swamp White Oak, or Northern Red Oak would be good replacement trees in the same area without significant disturbance to the existing railing. Additionally, the Commission recommends that a minimum caliper of 2.5-inch caliper tree be chosen at the replacement tree. Overall Staff believes that removal of the tree will not have an adverse impact on-site, nor in the surrounding area, as there is a mix of existing tree canopies and densities in the immediate vicinity. However, staff also believes that significant trees with large canopies positively contribute to public spaces, and feels that all trees in the area should remain larger species that will enhance the established public space. Therefore, with the conditions of approval below, staff approves of the removal request. PA #2014-00372 35 N. Pioneer/MP Page 1 The criteria for a Tree Removal Permit are described in AMC Chapter 18.61.080, as follows: A. Hazard Tree: The Staff Advisor° shall issue a tree removal pernnit 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 propery) 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 initigate 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 Razard- The City shall issue a tree removalOrel°mit 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 n7ay require the buildingfootprint of the development to be staked to allow for accurate verification of the permit application; and 2. Rennoval of the tree will not have a significant negative impact on erosion, soil stability, flow of sui face waters, protection of adjacent trees, or existing windbreaks; and 3. Removal of the tree will not have a significant negative in7pact on the tree densities, sizes, canopies, and species diversity within 200 feet of the subject property. The Cit}v 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 alloived by the zone. In making this determination, the Ciiy 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 initigate 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 2014-00372 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 2014-00372 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 mitigation shall consist of a minimum 2.5-inch caliper, native, deciduous tree that will achieve a similar or greater stature and size once mature. The tree shall be planted within a 180 days from the date of this approval. PA 42014-00372 35 N. Pioneer/MP Page 2 3) That the functionality of the existing irrigation system be verified, and scheduled in accordance with the City of Ashland's water conservation standards, with final approval by the staff advisor. 41 rjj y. Bill Mol~ar, Director Date _Depafinent of Community Development PA 92014-00372 35 N. Pioneer/MP Page 3 t PA-2014-00372 391 E09BA 11000 PA-2014-00372 391 E09BB 14400 PA-2014-00372 391 E09BB 60001 145 MAIN STREET LLC 58 E MAIN STREET LLC 60-68 EAST MAIN STREET LLC 24 CROCKER ST PO BOX 306 P 0 BOX 306 ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2014-00372 391 E09BB 13000 PA-2014-00372 391 E09BC 700 PA-2014-00372 391 E09BA 11100 FIRST INTERSTATE BANK/OR NA CONNOLLY ALLEN EAST MAIN COMMERCIAL LLC ET AL P 0 BOX 2609 142 MAIN ST E 515 E MAIN ST CARLSBAD, CA 92018 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2014-00372 391 E09BB 14500 PA-2014-00372 391 E09BA 11201 PA-2014-00372 391 E09BC 900 OR SHAKESPEAREAN FEST ASSN HAMMOND FAMILY LLC HILL JASON H 274 HARVARD 125 E MAIN ST 702 TERRACE ST MEDFORD, OR 97504 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2014-00372 391 E09BB 14600 PA-2014-00372 391 E09BB 14100 PA-2014-00372 391 E09BC 1000 SACKS STEPHEN OREGON SHAKESPEARE OREGON SHAKESPEARE FESTIVAL 50 W NEVADA 19 S PIONEER SCOTT RESCH ASHLAND, OR 97520 ASHLAND, OR 97520 15 S PIONEER ST ASHLAND, OR 97520 PA-2014-00372 391 E09BA 11300 PA-2014-00372 391 E09BA PA-2014-00372 391 E09BA 11400 THOMPSON BRENT TRUSTEE ET AL SCOTT RESCH SINGH SUKHDEV P 0 BOX 201 35 S PIONEER ST 984 NEWCASTLE ST ASHLAND, OR 97520 ASHLAND, OR 97520 MEDFORD, OR 97501 PA-2014-00372 391 E09BA WILLIE GINGG PO BOX 5140 CENTRAL POINT, OR 97520 35 S. PIONEER 04/10/14 NOD 16 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 April 10, 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 #2014-00372, 35 S Pioneer. Signature of Employee I i I I i I~ Document3 411012014 ASHLAND TREE COMMISSION PLANNING APPLICATION REVIEW COMMENT SHEET April 4, 2014 PLANNING ACTION: PA-2014-00372 SUBJECT PROPERTY: 35 S. Pioneer APPLICANT: OSF DESCRIPTION: A Tree Removal request to remove a hazardous 15-inch Red Maple tree located within the "Bricks" area located at 35 S. Pioneer. COMPREHENSIVE PLAN DESIGNATION: Commercial; ZONING: C-1-2; ASSESSOR'S MAP: 39 09BB TAX LOTS: 14000 Recommendation: The Tree Commission recommends approving the application as submitted along with specific recommendations below: 1) That the mitigation tree shall be minimum 2.5-inch caliper, and have a perforated sleeve to protect the trunk. i Department of Community Development Tel: 541-488-5350 I T Y )F 51 Winbum Way Fax: 541-552-2050 j% w "Ll ND Ashland, Oregon 97520 TTY: 800-735-2900 www.asliland.or.us i Planning Department, 51 Winbul, Jay, Ashland, Oregon 97520 C I y C) F 541-488-5305 Fax; 541-552-2050 www.ashland,or.us TTY: 1-800-735-2900 -AS 1 - T NOTICE OF APPLICATION PLANNING ACTION: PA-2014-00372 SUBJECT PROPERTY: 35 S. Pioneer OWNER/APPLICANT: Oregon Shakespeare Festival DESCRIPTION: A Tree Removal request to remove a hazardous 15-inch Red Maple tree located within the "Bricks" area located at 35 S. Pioneer. COMPREHENSIVE PLAN DESIGNATION: Commercial; ZONING: C-1-2; ASSESSOR'S MAP: 39 09BB TAX LOTS: 14000 NOTE: The Ashland Tree Commission will also review this Planning Action on Thursday, April 3, 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: March 19, 2014 DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: April 2, 2014 za 38 ae E D \ 41 /1 12 es , ~w ,oi ~ ~G71/A. ios V ea a ~ ~ ,1V1 ,~s \ a0 2 \ s~. 35 4- V ,on \ i,o \ a 1Q, 'SUBJECT PROPERTY. 51 35 South Pioneer 39 1 B 09BB 14000 FrrrTTrrl O 1020 40 Feet r~E,~ny li--, nr,=t r f renew o»t~, »ot srn:~ne>r~ 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 i; 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 Staffs 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\planningTIanning Actions\Noticing FoldeAkfailed Notices & Signs\2014TA-2014-00372.docx 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 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) i GAcomm-dev\planning\Flanning Actions\Noticing FolderVvIailed Notices & Signs\2014TA.-2014-00372.docx AFFIDAVIT OF MAILING STATE OF OREGON ) County of Jackson ) The undersigned being first duly sworn states that: 1. 1 am employed by the City of Ashland, 20 East Main Street, Ashland, Oregon 97520, in the Community Development Department. 2. On March 19, 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 #PA-2014-00372, 35 S. Pioneer. Signature of Employee I Documentl 3/19/2014 Easy PeelO Labels i A r- Bend along line to I Use Avery® Template 51600 A Paper - expose Pop-up EdgeTM 1 AVERY@ 5160 PA-2014-00372 391 E09BA 11000 PA-2014-00372 391 E09BB 14400 PA-2014-00372 391 E09BB 60001 145 MAIN STREET LLC 58 E MAIN STREET LLC 60-68 EAST MAIN STREET LLC 24 CROCKER ST PO BOX 306 P 0 BOX 306 ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2014-00372 391 E09BC 1100 PA-2014-00372 391 E09BC 700 PA-2014-00372 391 E09 BA 11100 ASHLAND CITY OF CONNOLLY ALLEN -EAST MAIN COMMERCIAL LLC ET AL PO BOX 1360 142 MAIN ST E 515 E MAIN ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2014-00372 391 E09BB 13000 PA-2014-00372 391 E09BA 11201 PA-2014-00372 391 E09BC 900 .FIRST INTERSTATE BANK/OR NA HAMMOND FAMILY LLC HILL JASON H P 0 BOX 2609 125 E MAIN ST 702 TERRACE ST CARLSBAD, CA 92018 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2014-00372 391 E09BB 14500 PA-2014-00372 391 E09BB 14100 PA-2014-00372 391 E09BC 1000 OR SHAKESPEAREAN FEST ASSN OREGON SHAKESPEARE OREGON SHAKESPEAREAN 274 HARVARD 19 S PIONEER 15 S PIONEER ST MEDFORD, OR 97504 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2014-00372 391 E09BB 14600 PA-2014-00372 391 E09BA PA-2014-00372 391 E09BA 11400 SACKS STEPHEN SCOTT RESCH SINGH SUKHDEV 50 W NEVADA 35 S PIONEER ST 984 NEWCASTLE ST ASHLAND, OR 97520 ASHLAND, OR 97520 MEDFORD, OR 97501 PA-2014-00372 391 E09BA 11300 PA-2014-00372 391 E09BA THOMPSON BRENT TRUSTEE ET AL WILLIE GINGG P 0 BOX 201 PO BOX 5140 ASHLAND, OR 97520 CENTRAL POINT, OR 97520 35 S. PIONEER 03/19/2014 NOC 17 i I i i ttiquettes faciles a peter I Repliez a la hachure afin de I wwwcavery:com I Utilisez le abarit AVERYO 51600 i Sens de reveler le rebord Po -u Mc 9 1 charoement p p i 1-800-GO-AVERY , t 14340 14tOd1 10ziW1 , k~ J.. r+ n ° 13000 d- F'15~~~.57 11400 !3~ 604 I i 113#4 14540 14440 ~ I flow . fiwi _ 11TDi 14140 i 14000 14340 14200 `k 14244 1144 900 140 74U fiua 1000 Sot 540 900 444 nO~ ff; 541°772®0404 5otreecareacom PO Box 5140 Central Point, OR 97502 SHAKESPEARE MAPLE TREE IN DECLINE Prepared For I SCOTT RUSH i By Willie Gingg ASCA Consulting Arborist PNW ISA Certified Tree Risk Assessor #1166 ISA' Board Certified Master Arborist #PN5564B March 5th 2014 t 1 Shakespeare Maple I was asked to write a report on a Red Maple (Acer rubrum) located at 15 S. Pioneer ST. in Ashland, Oregon. The assignment was to ® Detail the decline and issues caused by the decline Limits of Assignment The contents of this report are based on my observations on the day of my site visit, February 21St 2014. Observations Tree description The tree had a full, wide spreading canopy about 40 feet tall and 30 feet wide and was 15 inch DBH (diameter at breast height). There was a significant amount of bark sloughing off the trunk. The tree was growing in a mounded lawn area with another tree of similar size. The lawn area was roughly 15 feet by 35 feet and next to a building. The canopies hung over a brick walkway. Analysis & Testing The day of the observations the tree in question was still in its winter dormant phase. The tree was however beginning to bud but a major portion of the tree did not have buds suggesting those branches were dead. In peeling back some of the loose bark at the base of the tree, about 60 percent of the cambium had died and a column of dead tissue extended about 5 feet up the tree. Discussion This species is tolerant to wet soils typically though they do not seem to do well with irrigation hitting the trunk regularly. They are a fast growing tree and are commonly planted in our area for this reason as well as stunning fall colors that vary due to the cultivars and soil types. The resistance to decay is not great typically, when they reach this point of lost cambium. The greatest concern at the moment is the dead branches overhanging an area where people stand and mill about while waiting for shows to begin as well as the unknown root loss that may accompany the decline of the canopy. A failure of either large limbs or the entire tree could cause severe injury or death if a passerby were struck. Willie Gingg, Consulting Arborist March 5th 2014 2 Shakespeare Maple Conclusions This tree will soon pose a risk to passersby if left as is. The most likely scenario is it will start to shed limbs in the next year and tree will likely continue declining and decaying to a point where the entire tree could fail in as little as 2-3 years during a high wind event. Recommendations I would recommend this tree be removed both for aesthetics and safety. It will be difficult to grind the stump due to the hand rails surrounding the tree but if it is ground out another smaller tree could be installed in that area. i i Signed Dated \d Willie Gingg I.S.A. Board Certified Master Arborist A.S.C.A. Consulting Arborist Southern Oregon Tree Care, LLC Willie Gingg, Consulting Arborist March 5th 2014 PJ /h 1 (V~ v ~ G r i ZONING PERMIT APPLICATION ' Planning Division 51 Winburn Way, Ashland OR 97520 FILE CITY o F 541-488-5305 Fax 541-488-6006 ASHLAND DESCRIPTION OF PROJECT Tree Removal DESCRIPTION OF PROPERTY Pursuing LEED® Certification? DYES ❑ NO Street Address 35 S Pioneer Street` Assessor's Map No. 391 E 09BB Tax Lot(s) 14000 Zoning Comp Plan Designation APPLICANT Name Scott Resch for the Oregon Phone 541-482-2111 ext 385 E-Mail scottr@osfashland.org Shakespeare Festiva Address 15-S Pioneer Street Clty Ashland Zip• 97520 PROPERTY OWNER i Name Oregon Shakespeare Festival Phone 541-482-2111 E-Mail Address 15 S Pioneer Street City Ashland Zip 97520 SURVEYOR ENGINEER ARCHITECT LANDSCAPE ARCHITECT OTHER Title Name Phone E-Mail See Souther Oregon Tree Care, LCC Report Address City Zip Title Name' Phone E-Mail Address City Zip I hereby certify that the statements and informatian contained in this application, including the enclosed drawings and the required findings of fact, are in all respects, true and correct. f 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 1 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. FaIreved his rd will resul IT, likely in not only the request being set aside, but also possibly in my structures being built in reliance thereon being required to eat ex 'ns . f I ha 'any doubts, I am advised to seek competent professional advice and assistance, Applicant's Signature Date As ow ar the pinpe y invol in th' request, l have read and understood the complete application and its consequences to me as a property own r. Property Owner's Signature (required) Date [ro be completed by City ShaQJ Date Received Zoning Permit Type Piing Fee $ OVER 0, G:lcomm-dmAplapningTorms & HendmnslZooing Permit Applicatioadoc Job Address: 35 S PIONEER ST Contractor: ASHLAND OR 97520 Address: C A P Owner's Name: OREGON SHAKESPEARE FESTIVAL 0 Phone: Customer 05717 N State Lic No: P P OREGON SHAKESPEARE FESTIVAL T City Lic No: Applicant: 15 PIONEER ST S R I Address: ASHLAND OR 97520 A C C Sub-Contractor: A Phone: T Address: N Applied: 03/12/2014 O T Issued: Expires: 09/08/2014 R Phone: State Lic No: Maplot: City Lic No: DESCRIPTION: Tree Removal 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 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 CITY OF