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HomeMy WebLinkAboutFourth_265_PA-2014-01925 CITY F ASHLAND December 12, 2014 Notice of Final Decision On December 12, 2014, the Community Development Director approved the request for the following: Planning Action: 2014-01925 Subject Property: 265 Fourth Street Applicant: Peerless Restaurant and Hotel Description: A Tree Removal request to remove a hazardous 28-inch DBH Maple tree near the Peerless Hotel Restaurant building. The Community Development Director's decision becomes final and is effective on the 1317 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 Amy Gunter in the Community Development Department at (541) 488-5305. cc: TreStar LLC / Barnett 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.asliland.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 13t` 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 parry 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 parry 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 t 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 12a' 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.or.us ~ C_ J ASHLAND PLANNING DIVISION FINDINGS & ORDERS PLANNING ACTION: PA-2014-01925 SUBJECT PROPERTY: 265 Fourth Street APPLICANT: Peerless Hotel DESCRIPTION: A Tree Removal request to remove a hazardous 28-inch DBH Maple tree near the Peerless Hotel Restaurant building located at 265 Fourth Street. COMPREHENSIVE PLAN DESIGNATION: Employment; ZONING: E-1; ASSESSOR'S MAP: 39 lE 09AB TAX LOTS: 9200 SUBMITTAL DATE: November S, 2014 DEEMED COMPLETE DATE: November 21; 2014 STAFF DECISION DATE: December 12, 2014 APPEAL DEADLINE: December 24, 2014 FINAL DECISION DATE: December 25, 2014 APPROVAL EXPIRATION DATE: December 25, 2015 DECISION The subject property is located at the west side of Fourth St. mid-block between A and B Streets. The is zoned Employment (E-1) and is occupied by the Peerless Hotel Restaurant and Gardens. The application is to remove 28-inch D.B.H. Silver Maple tree that is destroying water and irrigation lines and heaving concrete sidewalks. The applicant has applied to remove the tree as a hazard tree due to the infrastructure damage it is causing. The applicant has had an arborist evaluate the tree and though the arborist states the tree is healthy, it is very vigorous growth is creating property destruction. The arborist surmised it is the wrong tree in the wrong place. The removal of the Silver Maple tree is consistent with the land use ordinance regulating tree removal. The removal of the Maple will not have a negative impact on erosion, soil stability, or flow of surface waters due to the landscaped nature of the property. Nor will removal have a negative impact on the tree densities, sizes, canopies, and species diversity within 200-feet of the subject tree since there are numerous maple tree species established in the vicinity of the tree.. Therefore, staff believes that the tree removal request meets the criteria of the ordinance and is approved to be removed following the conditions below. The Tree Commission reviewed the tree removal proposal at their December 4, 2014 meeting and recommended that the removal be mitigated with a two inch caliper deciduous tree that has a less invasive root system. 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. 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 PA 2014-019255 265 Fourth Stdadg Fagg 4 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 j 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) Planning Action 2014-01925 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- 01925 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) The applicant shall mitigate the tree in accordance with Ashland Municipal Code 18.61.084, a tree which would achieve similar size and stature at maturity as the one removed shall be planted on-site or a payment in lieu of planting may be paid into the tree account. Z0 BiJI-Mi olnar Director Date epartme of Community Development PA 2014-019255 265 Fourth St/adg Page 2 6 PA-2014-01925 391E09AB 6303 PA-2014-01925 391E09AB 9700 PA-2014-01925 391E09BA 3900 AJANI OREGON LLC ET AL BRISCOE JAMES CHRISTOPHER BROWN SANYA RAYE 1685 OLD HWY 99 6625 CAM NITO BLYTHEFIELD 447 B ST ASHLAND, OR 97520 LA JOLLA, CA 92037 ASHLAND, OR 97520 PA-2014-01925 391E09AB 6501 PA-2014-01925 391E09AB 8600 PA-2014-01925 391E09AB 5300 BRUNNER PETER B TRUSTEE ET AL CARSON MARJORIE L TRSTE FBO DAVIS CAROL HORN TRSTEE FBO 566 FARIVIEW ST 455 B ST 8003 S LAKE DR .ASHLAND, OR 97520 ASHLAND, OR 97520 DABLIN, CA 94568 PA-2014-01925 391E09BA 4100 PA-2014-01925 391E09AB 9000 PA-2014-01925 391E09AB 9400 DELUCA RONALD L TRUSTEE FRANTZ LAURA FRIEDMAN JEANETTE VIVIENNE 725 ROYAL AVE 1051 TOLMAN CREEK RD 258 THIRD ST MEDFORD, OR 97504, ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2014-01925 391E09AB 5801 PA-2014-01925 391E09AB 9900 PA-2014-01925 391E09AB 10000 GARFAS JOSEPH - TRUSTEE GARSON THOMAS L/CYNTHIA H GARSON THOMAS L/CYNTHIA H 1188 TYLER CREEK RD P 0 BOX 966 P 0 BOX 966 ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2014-01925 391E09AB 9800 PA-2014-01925 391E09AB 10200 PA-2014-01925 391E09BA 4000 GARSON THOMAS L/CYNTHIA H GRANGE CO-OP SUPPLY ASN INC HOXMEIER STEVE/KATHRYN P O BOX 966 P O BOX 3637 435 B ST ASHLAND, OR 97520 CENTRAL POINT, OR 97502 ASHLAND, OR 97520 PA-2014-01925 391E09AB 6500 PA-2014-01925 391E09AB 9600 PA-2014-01925 391E09AB 6301 HOXMEIER STEVE/KATHY JONES LARRY D LOMBARDI ROBERT J ET AL 435 B ST 1188 TYLER CREEK RD 1685 OLD HWY 99 S ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2014-01925 391E09AB 6302 PA-2014-01925 391E09AB 6300 PA-2014-01925 391E09AB 5400 LOMBARDI ROBERT J ET AL LOMBARDI ROBERT J/CORINNE S PALACE PROPERTIES LLC 1685 OLD HWY 99 S 1685 OLD HWY 99 PO BOX 3606 ASHLAND, OR 97520 ASHLAND, OR 97520 CENTRAL POINT, OR 97502 PA-2014-01925 391E09AB 5500 PA-2014-01925 391E09AB 9100 PA-2014-01925 391E09AB 5200 PAPEN FRANK CONRAD TRUSTEE PEERLESS HOTEL LLC POWELL GARY DEAN 267 MEADE 243 FOURTH ST 562 A ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2014-01925 391E09AB 5800 PA-2014-01925 391E09AB 8800 PA-2014-01925 39IE09AB 8900 PROVOST PROPERTIES LLC SCHATZ STEPHANIE R TRUSTEE ET SCHATZ STEPHANIE R TRUSTEE ET 6431 ADAMS RD' 1086 OLD HWY 99 S 1086 OLD HWY 99 S TALENT, OR 97540 APPLEGATE/COUNTY, OR 97520 APPLEGATE/COUNTY, OR 97520 PA-2014-01925 391E09AB 9300 PA-2014-01925 391E09AB 8700 PA-2014-01925 391E09AB 9500 SELIGMAN JOHN STRAUB JEFFERSON TULLY THIRD STREET PARTNERS LLC 248 THIRD ST 463 B ST 612 IOWA ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2014-01925 391B09AB 9200 PA-2014-01925 391E09AB 90005 SOLID GROUND LANDSCAPE INC TRES STARS LLC TTW LLC 855 REITEN DRIVE 243 FOURTH ST 117 ALMOND ST MEDFORD, OR 97501 ASHLAND, OR 97520 ASHLAND, OR 97520 -HRISSY BARNETT CHRISTOPHER JOHN ARBORIST TRES STARS LLC/T. DAVI TRAISTER 265 FOURTH STREET 157 MAX LOOP ROAD 7555 RAPP LANE 4SHLAND, OR 97520 TALENT, OR 97540 TALENT, OR 97540 PA-2014-01925 391E09AB 5600 PA-2014-01925 391E09AB 5700 WELCH WILLIAM L TRUSTEE ET AL WELCH WILLIAM L TRUSTEE ET AL 260 4TH ST 260 4TH ST ASHLAND, OR 97520 ASHLAND, OR 97520 i CITY F ASHLAND TREE COMMISSION Minutes December 4, 2014 CALL TO ORDER - Vice Chair Ken Schmidt called the meeting of the Ashland Tree Commission to order at 6:00 p.m. on December 4, 2014 in the Siskiyou Room in the Community Development and Engineering Services Building located at 51 Winburn Way, Ashland, Oregon. Commissioners Council Liaison _ Ken Schmidt- Vice Chair Carol Voisin - absent Gregg Trunnell - Absent Staff Russ Neff Derek Severson, Associate Planner Casey Roland Carolyn Schwendener, Admin Christopher John - Absent APPROVAL OF MINUTES NefflRoland m/s to approve the minutes of the November 6, 2014 Ashland Tree Commission meeting. Voice Vote: All Ayes, minutes were approved as presented. WELCOME GUESTS & PUBLIC FORUM John Galbraith, Landscape Architect and Mark Knox, Urban Planner was present to answer questions regarding the Planning Action for 175 Lithia Way. Commissioner Schmidt made a change to the agenda moving the Planning Action for 175 Lithia Way to the top of the agenda. PLANNING ACTION REVIEW PLANNING ACTION: PA-2014-01956 SUBJECT PROPERTIES: First Place Subdivision, corner of Lithia Way & First Street APPLICANTS: First Place Partners, LLC DESCRIPTION: A request for Site Review approval to construct the second and third phases of the First Place Subdivision for the property located at the corner of Lithia Way and First Street. ® Phase Two is a request for Site Review approval to construct a new mixed use building (Plaza Central East) on Lots #2 and #3 at the corner of Lithia Way and First Street. The proposal includes consolidation of the two lots and construction of a 32,191 square foot, three-story mixed-use building consisting of basement parking, ground floor commercial, and 15 residential units distributed between the ground, second and third floors. The application includes requests to modify the common area landscaping and parking configuration to better accommodate the proposal, and Exceptions to the Site Design and Use Standards' Downtown Design Standards to allow for balconies on the front of the building and to allow windows that are more horizontal than vertical. ® Phase Three is a request for Site Review approval to construct a new mixed use building (Plaza North) on Lots #4 and #5 at the northeast corner of the site, on First Street. The proposal includes consolidation of the two lots and construction of a 9,607 square foot, three-story mixed-use building including ground floor commercial space and four residential units. The application includes requests to modify the common area landscaping and parking configuration to better accommodate the proposal, and two requests for Exceptions to the Site Design and Use Standards' Downtown Design Standards to allow for a staggered street setback and to allow two sets of windows to be more horizontal than vertical. ® (Phase One, a three-story 18,577 square foot mixed-use building (Plaza West) consisting of basement parking, commercial and residential space on the first floor and residential space on the second and third floors was recently completed at 175 Lithia Way.) COMPREHENSIVE PLAN DESIGNATION: Commercial; ZONING: C-1; ASSESSOR'S MAP: 39 1E 09BA; TAX LOTS: 10100, 10102, 10103, 10104 and 10105. L!L - f Staff Report - City of Ashland Associate Planner Derek Severson gave a brief staff report outlining this planning action. Severson explained that in 2012 this project came forth before the Commission as a subdivision and Site Review to build the existing building that has recently been completed at 175 Lithia Way. At that time the Commissioners reviewed the landscaping plan for the entire site and recommended approval with no changes to the plan. The landscaping has been completed and the street trees have been planted. With the proposal of the new building the applicants are proposing small modifications to the landscaping. Severson said that staff is recommending approval to the Planning Commission with some conditions. Historic Commission has also completed their review and is recommending approval. Schmidt acknowledged he did a site visit. The Commissioners discussed the landscaping plan. They agreed the modification appears to be a net gain with the landscaping, Severson acknowledged the City has a bond posted from the applicants to cover the cost of the landscaping that has not yet been completed. Mr. Galbraith brought attention to the fact that the street trees on the property are in approximately three feet of structural soil with good drainage. Neff/Schmidt m/s to accept the revised drawings. Voice Vote; All ayes motion approved. PLANNING ACTION: PA-2014-01880 SUBJECT PROPERTY: 280 Liberty Street APPLICANT: Jason Eaton (Conscious Construction, Inc,) OWNER: Joan Kleen DESCRIPTION: A request for Site Review and Conditional Use Permit approvals to construct a new approximately 400 square foot accessory residential unit along the alley for the property located at 280 Liberty Street, The application also includes a request for a Tree Removal Permit to remove an eight-inch diameter-at-breast-height (d.b.h.) maple tree, and for Exception to the Site Design and Use Standards to allow a three-foot landscape buffer between the proposed parking space and the unit where an eight-foot buffer would typically be required. COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-1-7.5; ASSESSOR'S MAP : 391E 09DA; TAX LOT: 4500. Staff Report - Severson explained this application is for an Accessory Residential Unit (ARU) proposed off the alley at 280 Liberty Street. The issue for the Tree Commission is with the construction of the ARU there is a large 8 inch (DBH) Maple tree (#3 on the plan) which is designated to be removed. They applicants have also included a tree protection plan. Commissioner Roland declared that he did have prior contact with the property owner to discuss suggestions regarding the tree. He was not hired by her and did not accept any money for his advice. It was determined he did not need to recuse himself and could make an impartial decision. The Commissioners inquired as to why the applicants are protecting a tree on the neighbor's property. Roland responded that the neighbor actually wanted to cut the tree down but the applicant wanted it saved because of its location along the fence on the south side of their property. Not wanting to damage the roots surrounding the tree they offered to protect it. It's Roland's opinion that the tree should be able to survive the construction, The Commissioners recommended that the applicants mitigate the tree with at least a 1 caliper tree but preferably a 2" caliper. It was also recommended that the applicants mitigate on site. With that recommendation the Commissioners approved the landscaping plan. PLANNING ACTION: PA-2014-01919 SUBJECT PROPERTY: 696 Mistletoe Road APPLICANT: Mark Dirienzo OWNER: Ashland South Holdings, LLC & Dorado Investments, LLC DESCRIPTION: A request for a Modification of a previously approved Site Review (PA-2004-075, 2006-00793 & 2007- 01393). The proposal is construct an approximately 6,500 square foot building comprising of a mix of office, retail, warehousing and climate controlled mini storage spaces for the property located at 696 Mistletoe Road. The site is the vacant building pad to the north of 700 Mistletoe Road. COMPREHENSIVE PLAN DESIGNATION: Industrial; ZONING: M-1; ASSESSOR'S MAP : 39 1E 14AC; TAX LOT: 1100. 2 Staff Report - This planning application is a request for a modification of a previously approved Site Review. The first building was constructed back in 2007 and they are now ready to construct the second building. There are no proposed changes to the landscaping plan. Severson brought the planning action to the attention of the Commissioners in the event they might have questions or concerns. It is anticipated to have this building occupied by March of 2015. The Commissioners did not have any questions or concerns. PLANNING ACTION: PA-2014-01925 SUBJECT PROPERTY: 265 Fourth Street APPLICANT: Peerless Hotel DESCRIPTION: A Tree Removal request to remove a hazardous 28-inch DBH Maple tree near the Peerless Hotel Restaurant building located at 265 Fourth Street. COMPREHENSIVE PLAN DESIGNATION: Employment; ZONING: E-1; ASSESSOR'S MAP: 39 1E 09AB TAX LOTS: 9200. Staff Report - Severson explained that the Peerless Hotel is proposing to remove a 20" DBH Silver Maple hazard tree that is damaging the water lines, irrigation system, and building foundation. Applicants would like to mitigate if they can find a place on the site where the damage won't happen again. The Commissioners agreed that the tree is disastrous. Due to the loss of canopy from the tree being removed the Commissioners recommended mitigating a 4" DBH or two 2" DBH on site. I DISCUSSION ITEMS Severson will be taking over the Tree City USA application. Severson said that it appears the winner of Tree of The Year is most likely the Maple Tree at SOU. Severson attributed the large amount of votes to the 123 on line votes it got at the end. I The Commissioners confirmed that when looking at planning actions they would just like to review the landscape plans and not the entire packet. Russell commented that the new tree in the Plaza area looks very nice but wondered if the Parks Department could come up with something more attractive to protect the bark. Currently there is white plastic. Roland said he has some black plastic which would probably be a better look and the tree needs to be protected for the next couple of years. Severson will check with Michael Black, Parks Director, to see what he could do. COMMISSIONER REPORTS Russ Neff will not be able to attend the Jan or February meeting. Meeting adjourned at 6:35p.m. Respectively submitted by Carolyn Schwendener 3 i Planning Department, 51 WlnL11 Way, Ashland, Oregon 97520 I T Y 1541-488-5305 Fax: 541-552-2050 www.ashland.or.us TTY: 1-800-735-2900 Y ~ NOTICE OF APPLICATION PLANNING ACTION: 2014-01925 SUBJECT PROPERTY: 265 Fourth Street OWNER/APPLICANT: Peerless Hotel DESCRIPTION: A Tree Removal request to remove a hazardous 28-inch DBH Maple tree near the Peerless Hotel Restaurant building located at 265 Fourth Street. COMPREHENSIVE PLAN DESIGNATION: Employment; ZONING: E-1; ASSESSOR'S MAP: 39 lE 09AB TAX LOTS: 9200. NOTE: The Ashland Tree Commission will also review this Planning Action on Thursday, December 4, 2014 at 6:00 PM in the Community Development and Engineering Services building (Siskiyou Room) located at 51 Winburn Way. NOTICE OF COMPLETE APPLICATION: November 21, 2014 DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: December 5, 2014 - - ,q s r SUBJECT PROPERTY - 39 FOURTH STREET. 39 1E09AB 9200 - % ~ i . APPROXIMATE ~4 - LOCATION -Lr t _ i TREE' - - 1 - I / 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 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. n GAcomm-dev\planningTianning Actions\Noticing Folder\Mailed Notices & Signs\2014\PA-2014-01925.docx 1 #3# TREE REMOVAL 18.61.080 Criteria for Issuance of Tree Removal - Staff 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) F: i GAcomm-dev\planning\Planning Actions\Noticing FolderWailed Notices & Signs\2014\PA-2014-01925.docx i- -A 1 r I 1 r i I y~ I- LL m r i~c1 r f C 1 . f I r a r~' r i. I 1 r j d Lf c n o .I, I i, IL L -j -'I 4 A, y I: r ; r V- I7 lfi L1 r7 - I--1 1 Y 1: I i 1 - III I Im 1 - 17'-~ - rr I.-1 . b I; ~ r~i ia~3 _A r~ I Imo' ~ ~ I J 1 I- rI 4 PA-2014-01925 391E09AB 6303 PA-2014-01925 391E09AB 9700 PA-2014-01925 391E09BA 3900 AJANI OREGON LLC ET AL BRISCOE JAMES CHRISTOPHER BROWN SANYA RAYE 1685 OLD HWY 99 6625 CAMINITO BLYTHEFIELD 447 B ST ASHLAND, OR 97520 LA JOLLA, CA 92037 ASHLAND, OR 97520 PA-2014-01925 391E09AB 6501 PA-2014-01925 391E09AB 8600 PA-2014-01925 391E09AB 5300 BRUNNER PETER B TRUSTEE ET AL CARSON MARJORIE L TRSTE FBO DAVIS CAROL HORN TRSTEE FBO 566 FARIVIEW ST 455 B ST 8003 S LAKE DR ASHLAND, OR 97520 ASHLAND, OR 97520 DABLIN, CA 94568 PA-2014-01925 391E09BA 4100 PA-2014-01925 391E09AB 9000 PA-2014-01925 391E09AB 9400 DELUCA RONALD L TRUSTEE FRANTZ LAURA FRIEDMAN JEANETTE VIVIENNE 725 ROYAL AVE 1051 TOLMAN CREEK RD 258 THIRD ST MEDFORD, OR 97504 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2014-01925 391E09AB 5801 PA-2014-01925 391E09AB 9900 PA-2014-01925 391E09AB 10000 GARFAS JOSEPH - TRUSTEE GARSON THOMAS L/CYNTHIA H GARSON THOMAS L/CYNTHIA H 1188 TYLER CREEK RD P O BOX 966 P O BOX 966 ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2014-01925 391E09AB 9800 PA-2014-01925 391E09AB 10200 PA-2014-01925 39IE09BA 4000 GARSON THOMAS L/CYNTHIA H GRANGE CO-OP SUPPLY ASN INC HOXMEIER STEVE/KATHRYN P O BOX 966 P O BOX 3637 435 B ST ASHLAND, OR 97520 CENTRAL POINT, OR 97502 ASHLAND, OR 97520 PA-2014-01925 391E09AB 6500 PA-2014-01925 391E09AB 9600 PA-2014-01925 391E09AB 6301 HOXMEIER STEVE/KATHY JONES LARRY D LOMBARDI ROBERT J ET AL 435 B ST 1188 TYLER CREEK RD 1685 OLD HWY 99 S ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2014-01925 391E09AB 6302 PA-2014-01925 391E09AB 6300 PA-2014-01925 391E09AB 5400 LOMBARDI ROBERT J ET AL LOMBARDI ROBERT J/CORINNE S PALACE PROPERTIES LLC 1685 OLD HWY 99 S 1685 OLD HWY 99 PO BOX 3606 ASHLAND, OR 97520 ASHLAND, OR 97520 CENTRAL POINT, OR 97502 PA-2014-01925 391E09AB 5500 PA-2014-01925 391E09AB 9100 PA-2014-01925 391E09AB 5200 PAPEN FRANK CONRAD TRUSTEE PEERLESS HOTEL LLC POWELL GARY DEAN 267 MEADE 243 FOURTH ST 562 A ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2014-01925 391E09AB 5800 PA-2014-01925 391E09AB 8800 PA-2014-01925 391E09AB 8900 PROVOST PROPERTIES LLC SCHATZ STEPHANIE R TRUSTEE ET SCHATZ STEPHANIE R TRUSTEE ET 6431 ADAMS RD 1086 OLD HWY 99 S 1086 OLD HWY 99 S TALENT, OR 97540 APPLEGATE/COUNTY, OR 97520 APPLEGATE/COUNTY, OR 97520 PA-2014-01925 391E09AB 9300 PA-2014-01925 391E09AB 8700 PA-2014-01925 391E09AB 9500 SELIGMAN JOHN STRAUB JEFFERSON TULLY THIRD STREET PARTNERS LLC 248 THIRD ST 463 B ST 612 IOWA ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2014-01925 391E09AB 9200 PA-2014-01925 391E09AB 90005 SOLID GROUND LANDSCAPE INC TRES STARS LLC TTW LLC 855 REITEN DRIVE 243 FOURTH ST 117 ALMOND ST MEDFORD, OR 97501 ASHLAND, OR 97520 ASHLAND, OR 97520 -HRISSY BARNETT CHRISTOPHER JOHN ARBORIST TRES STARS LLC/T. DAVI TRAISTER 265 FOURTH STREET 157 MAX LOOP ROAD 7555 RAPP LANE 4SHLAND, OR 97520 TALENT, OR 97540 TALENT, OR 97540 PA-2014-01925 391E09AB 5600 PA-2014-01925 391E09AB 5700 WELCH WILLIAM L TRUSTEE ET AL WELCH WILLIAM L TRUSTEE ET AL 260 4TH ST 260 4TH ST ASHLAND, OR 97520 ASHLAND, OR 97520 I i E 18.61.080 A Subject: removal of Hazardous Maple Tree : @ 265 4th Street, Ashland 97520 1. The Tree is causing harm to a private facility in the form of. Water main, deck, sprinkler system and potentially the buildings foundation have been (or will be) compromised/damaged by the continuing growth of the root system. ® The problem cannot be alleviated due to the very large and destructive root system and the close proximity to the building and handicap access. 2. Regarding new tree being planted: To be determined by arborist the best way to more forward with possible replanting given close proximity to the building. 3. Anticipated dates for removal: As soon as possible once permit is approved. 4. Proposed Tree For Removal: Silver Maple on the deck of The Peerless Restauarnt. NOV 0 5 2014, F, CANOPY LLC The Care of Trees 157 Max Loop Talent, OR 97540 November 2, 2014 (541) 631-8000 City of Ashland Planning Division 51 Winburn Way Ashland, OR 97520 RE: Arborist observations of maple tree at 265 4th St, Ashland (The Peerless) The tree in question is a silver maple, Acer saccharin um, and is located in the porch of The Peerless, on the South side of the restaurant. This tree measures approximately 25 inches DBH, 45 feet in height, with 25 feet of crown spread. The tree appears quite healthy and vigorous. i I The request to remove this tree was not arrived at lightly. It is my understanding that it is considered to be an unfortunate but necessary step by all parties involved (owner, tenants, site manager, landscaper). But ultimately the coexistence of this tree with its surroundings is increasingly untenable. Some reasons are as follows: 1.) Water lines. The root system has destroyed water lines and caused flooding at the union of the irrigation system and the main water line, which runs close to the base of the tree. [See attached photo of damaged lines] 2.) Walkway. The tree has caused "heaving" of the patio walkway. This is the main access to the restaurant from the hotel, including handicap access. This issue has been addressed in the past via reconstruction. There is the concern that repeated reconstruction of this walkway will have adverse effects on the long- term health of the tree. 3.) Foundation. There is concern that the aggressive rooting system will have or is having an adverse effect on the foundation of the building. I was not able to directly observe the foundation. It is my experience that roots do not directly cause cracks in foundations, but will take advantage of existing fissures in aging foundations and greatly exacerbate the problem, which may be the case here. 4.) Wrong tree wrong place. This tree species is known for its very large size potential (90' tall and 40"DBH) My opinion is that this is not a suitable tree to have in such close proximity to the building. It is not easy to recommend removal of this tree. The owners and managers of this property have done well, at considerable expense, to accommodate the growth of the tree. But it is my professional opinion that the point is being reached where the best long-term solution is to remove and replace it with a species better suited to the location. Sincerely, ChristopherJohn ~ 05 2014, Arborist, Canopy LLC ISA Certification #WE-9504A cn -1 m :1 ;u MM e Vm r Lo ° r- z® Dm Z or p m in ® < 13 > D v m ❑ _C z z 13 ® IGO' n A Z N ~ In M 0 TI O M C M z e e A ~N =r e to I a N o D o N M _ L n 0 D A A Z ~ rn~ o om 0 M = c ~ D 1 c ❑ m ~ Z i 0 0 o a 1 m CJ D O 1 1 SIDEWALK D ` FOURTH ST. = i O n m m N rQ \ C D m J ~ A A 0 m 3 ~ n Z ~ - ~ m m t Damage to waterlines being caused by the Maple Tree Roots (265 4th Street) ,r N!. ti tom'` \ RA 1 1 1 ~i zi, i F w ~ e+~l` r' I ~ c d t . 3t Sf 1 ~ i v wy ffi n fyµ ~ !1 ~ ~ t ~ +j A~ ) t 11 r ~V~ a e 1 Y S l> > 1~ ~ 1 ~ 1 1 t;~ t rt1 r' r v .+Y;~~t k lr~i ~Z 5 y p i f 4 t Tl i r t K NOV 0 ~0~ i 4$ 1 I 9 I~ o I n r « ti a k F e o a r I e ~E ZONING PERMIT APPLICATION Planning Division 51 Winburn Way, Ashland OR 97520 C IT Y OF 541-488-5305 Fax 541-488-6006 FILE # v ASHLAND I DESCRIPTION OF PROJECT 4 DESCRIPTION OF PROPERTY II Pursuing LEEDO Certification? ❑ YES ❑ NO Street Address ~'T~ Assessor's Map No. 391 E Tax Lot(s) Zoning G Comp Plan Designation V _j APPLICAt T ~y Name l ' `a t° h ~C Phone ~5 ( Vs 2_, E-Mail 1 t~ Address J L Zip PROPERTY OWNER ` t j V r C r'l Name Phone E Maill r- I Address City (lr( I e Zip f D OM SURVEYOR ENGINEER ARCHITECT LANDSCAPE ARCHITECT OTHER 541-(to t m g z 1 Title CXA)Aj~fl e-,NameS,60-\ Phone "-511I X113 ~ Z) E-Mail kf~oq Sal_~ita Lv s Address IA n yL L City Zip Title Name C Phone E-Mail Address tv'\(X.~ a CA City-_I (A', ~ Zip /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. /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. l 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 furnishedjustifres 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 re d 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 l advi e and assist ce. bee ve t expense. if l have any o bt lam advised to seek competent profe~Datena App ica t' ignature As owne r of th propety •nvo/ved in this request, / ha ve read and understood the complete application and its consequences to me as a property owne IDJ 1 I Property er' Sign ture (required) Date [To be completed by City Staff) Date Received Zoning Permit Type I (A p Filing Fee $ OVER GAcomm-dev\plwming\Fonns & Handouts\Zoning Permit Apptication.doc i AFFIDAVIT OF MAILING I STATE OF OREGON ) j 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 November 21, 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 #2014-01925, 265 Fourth Street. Signature of Employee DocumenQ 11/21/2014 I Job Address: 265 FOURTH ST Contractor: ASHLAND OR 97520 Address: A C P Owner's Name: TRES STARS LLC O Phone: Customer 08020 N State Lic No: P PEERLESS RESTAURANT T City Lic No: L Applicant: R Address: A C C Sub-Contractor: A Phone: (541) 488-6067 T Address: N Applied: 11/05/2014 O T Issued: Expires: 05/04/2015 R Phone: State Lic No: Maplot: 391 E09BA3200 City Lic No: DESCRIPTION: Tree Removal 1 tree 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 Inspection Request Line: 541-552-2080 CITY OF -AS H LA NY D