HomeMy WebLinkAboutHersey_199_PA-2015-01578
CITY F
ASHLAND
October 23, 2015
Notice of Final Decision
On October 23, 2015, the Community Development Director approved the request for the following:
Planning Action: 2015-01578
Subject Property: 199 E. Hersey
Applicant/Owner: Taylored Elements/Vision Homes LLC
Description: A request for a minor modification to a Land Partition (PA-2015-
000794) in the form of a Tree Removal Permit. The applicant previously designated four trees
to be preserved during site development. The applicant is now requesting the subject trees to be
removed for various reasons. COMPREHENSIVE PLAN DESIGNATION: Single-family
Residential; ZONING: R-1-5; ASSESSOR'S MAP: 39 lE 04CD; TAX LOTS: 306.
The Community Development Director's decision becomes final and is effective on the 12th day after the
Notice of Final Decision is mailed. Approval is valid for a period of 18 months 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. f,
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) 18.5.1.050(F)
and/or file an appeal to the Ashland Planning Commission as provided in ALUO 18.5.1.050(G). 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 Mark Schexnayder, 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 Winburn Way Fax: 541-552-2050
Ashland, Oregon 97520 TTY: 800-735-2900 _
www.ashland.or.us (
I
SECTION 18.5.1.050 Type I Procedure (Administrative Decision with Notice)
E. Effective Date of Decision. Unless the conditions of approval specify otherwise or the decision is appealed pursuant to
subsection 18.5.1.050.G, a Type I decision becomes effective 12 days after the City mails the notice of decision.
F. Reconsideration. The Staff Advisor may reconsider a Type I decision as set forth below.
1. Any parry entitled to notice of the planning action, or any City department 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.
2. Reconsideration requests shall be received within five days of mailing the notice of decision. The Staff Advisor shall
decide within three days whether to reconsider the matter.
3. If the 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 days to affirm, modify, or reverse
the original decision. The City shall send notice of the reconsideration decision to affirm, modify, or reverse to any
party entitled to notice of the planning action.
4. 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.
G. Appeal of Type I Decision. A Type I decision may be appealed to the Planning Commission, pursuant to the following:
1. Who May Appeal. The following persons have standing to appeal a Type I decision.
a. The applicant or owner of the subject property.
b. Any person who is entitled to written notice of the Type I decision pursuant to subsection
18.5.1.050.B.
c. Any other person who participated in the proceeding by submitting written comments on the application to the
City by the specified deadline.
2. Appeal Filing Procedure.
a. Notice of Appeal. Any person with standing to appeal, as provided in subsection 18.5.1.050.G.1, above, may
appeal a Type I decision by filing a notice of appeal and paying the appeal fee according to the procedures of
this subsection. 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. If an appellant prevails at the
hearing or upon subsequent appeal, the fee for the initial hearing shall be refunded.
b. Time for Filing. A notice of appeal shall be filed with the Staff Advisor within 12 days of the date the notice of
decision is mailed.
c. Content of Notice of Appeal. The notice of appeal shall be accompanied by the required filing fee and shall
contain.
i. An identification of the decision being appealed, including the date of the decision.
ii. A statement demonstrating the person filing the notice of appeal has standing to appeal.
iii. A statement explaining the specific issues being raised on appeal.
iv. A statement demonstrating that the appeal issues were raised during the public comment period.
d. 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.
3. Scope of Appeal. Appeal hearings on Type I decisions made by the Staff Advisor shall be de novo hearings before
the Planning Commission. The appeal shall not be limited to the application materials, evidence and other
documentation, and specific issues raised in the review leading up to the Type I decision, but may include other
relevant evidence and arguments. The Commission may allow additional evidence, testimony, or argument
concerning any relevant ordinance provision.
4. Appeal Hearing Procedure. Hearings on appeals of Type I decisions follow the Type II public hearing procedures,
pursuant to section 18.5.1.060, subsections A - E, except that the decision of the Planning Commission is the final
decision of the City on an appeal of a Type I decision. A decision on an appeal is final the date the City mails the
adopted and signed decision. Appeals of Commission decisions must be filed with the State Land Use Board of
Appeals, pursuant to ORS 197.805 - 197.860.
COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541488-5305
51 Winbum Way Fax: 541-552-2050
Ashland, Oregon 97520 TTY: 800-735-2900
www.ashland.or.us
ASHLAND PLANNING DIVISION
FINDINGS & ORDERS
PLANNING ACTION: PA #2015-01578
SUBJECT PROPERTY: 199 East Hersey Street
APPLICANVOWNER: Taylored Elements Construction/ Vision Homes Inc.
DESCRIPTION: A request for a modification of the Tree Preservation and Protection Plan
approved as part of PA #2015-00794 to allow the removal of four trees previously required to be preserved
for the property at 199 East Hersey Street.
COMPREHENSIVE PLAN DESIGNATION: Single-Family Residential; ZONING: R-1-5;
ASSESSOR'S MAP: 39 lE 04CD; TAX LOT: 306.
SUBMITTAL DATE: August 18, 2015
DEEMED COMPLETE DATE: September 28, 2015
STAFF APPROVAL DATE: October 23, 2015
FINAL DECISION DATE: November 4, 2015
APPROVAL EXPIRATION DATE: May 4, 2017
DECISION
The subject property is located at 199 East Hersey Street, on the North side of Hersey Street between Oak
Street and Carol Street. The parcel is roughly rectangular shaped and approximately 0.56 acres in area.
A Land Partition (PA# 2015-00794) was approved for the property in 2015. The applicant's proposal was for
a minor land partition to divide tax lot 306 into three parcels. In addition, the applicant submitted a tree
protection and removal plan on April 29, 2015 proposing the removal of six trees greater than six-inches in
diameter at breast height as part of the planning action. In granting the planning action approval, the Staff
Advisor permitted the removal of five trees greater than six-inches in diameter at breast height; however,
after a Tree Commission Meeting on June 4, 2015 a condition was added to protect a 30-inch cedar tree that
the applicant had originally proposed for removal. In conjunction with the June 17, 2015 approval, the
applicants were required to provide a revised Tree Removal Plan including a Tree Preservation and
Protection Plan detailing code-required measures to preserve and protect the trees during the development of
the property.
The current request involves a modification of the revised Tree Removal Plan including the Tree
Preservation and Protection Plan previously approved as part of PA #2015-00794, and requests the removal
of a total of nine trees, four of which were trees previously identified for protection and preservation. The
application materials provided note that due to a misunderstanding of the application process, the applicant
did not understand the tree protection and removal plans submitted with the minor land partition application
were binding. Furthermore, one tree, which was originally proposed to be saved, would now be more
appropriately removed due to potential hazards to buildings.
The applicant states that there was one mature pine tree (#2 as identified on the Tree Protection Plan
submitted on April 29, 2015) near the Southeast corner of the subject property that was badly damaged
during site preparation and excavation. The application includes a report from arborist Willie Gingg at
PA #2015-01578
199 East Hersey Street/MMS
Page 1
Southern Oregon Tree Care, LLC. The arborist notes that tree #2 had a slight lean over the neighboring
property and that during the site excavation many large anchoring roots were damaged. He recommends that
the tree be removed as soon as possible and mitigate by replacement with another tree after construction
work is complete. The applicant has since removed tree 42 prior to land use approval.
Subsequent to the Notice of Complete Application, one neighbors submitted written comments expressing
concerns with the proposed removals. Neighbor Mary Kwart, ask that the trees not be removed as they are an
asset to the property and neighborhood. She asserts that removing four more trees will have negative
impacts, and that planting mitigation trees would not effectively mitigate the significant negative impact of
removing these mature trees.
The Tree Commission reviewed the request at its regular meeting in October of 2015, approved the requested
removals, and made a recommendation that if any trees were removed without first obtaining a tree removal
permit, the City should enforce a penalty upon the applicant equal to the value of the tree cut down.
However, the Staff Advisor recognizes that the applicant would have been allowed to remove this tree
without a permit prior to submittal of the original land partition application because removal of trees in
single-family residential zones on lots occupied by only a single-family detached dwelling are exempt from
tree removal permits. In staff's assessment, given the arborist's report tree #2 meets the criteria for removal
of a hazard tree because existing conditions present a safety risk to structures. In addition, the removal of
trees # 1, 10, and 12 meet the criteria for removal of a non-hazard tree. The tree removal is approved on that
basis, and a condition of approval has been added below to require that its removal be mitigated with the
planting of six appropriately selected trees on the subject property.
The removal of the tree's identified as Trees # 1, 2, 10 and 12 as identified on the Tree Protection and
Removal Plan submitted on September 8, 2015 is approved as Planning Action #2015-01578 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 #2015-01578 is denied. The following are the conditions and they
are attached to the approval:
1) That the all requirements of the original approval shall remain in effect unless otherwise specifically
modified herein, including but not limited to that the Tree Protection Plan shall remain in effect, and
all tree protection measures followed, until site work is completed.
2) That the applicants shall mark trees # 1, 10 and 12 for removal with pink tape or similar
identification measures and request a Tree Verification Permit inspection prior to the removal of
trees # 1,10 and 12. The Verification Permit allows the Staff Advisor to inspect the identification of
the trees to be removed and to verify that the tree protection fencing remains in place for the
remaining trees. Removal shall not occur until the Tree Verification inspection has been approved by
the Staff Advisor.
3) That appropriately selected mitigation trees of at least three-inches in diameter at breast height shall
be lanted on the property to mitigate the removal of trees # 1, 10 and 12. The mitigation trees shall
b irrigated.
aria Harris, Planning Manager Date
Department of Community Development
PA #2015-01578
199 East Hersey Street/MMS
Page 2
AFFIDAVIT OF MAILING
STATE OF OREGON )
County of Jackson )
i
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 October 23, 2015 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 #2015-01578, 199 E. Hersey.
E /
Signature of Employee
Documend 10123/2015
(i
PA-2015-01578 391 E04CD 302 PA-2015-01578 391 E04CD 413 PA-2015-01578 391 E04CD 300
ALLEN JOHN A TRUSTEE ET AL BARCHARD DEBRA A BEELS BRIAN D/KAREN L
PO BOX 686 480 POPLAR PL 216 PATTERSON ST
SEIAD VALLEY, CA 96086 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2015-01578 391 E04CD 2000 PA-2015-01578 391 E04CD 412 PA-2015-01578 391 E04CD 414
BERNARD DAVID A TRUSTEE BURGER EDWARD DORSEY CHANG CECE XUYEN HUA TRUSTEE
PO BOX 730 485 POPLAR PL 490 POPLAR PL
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2015-01578 391 E04DC 3203 PA-2015-01578 391 E04CD 1903 PA-2015-01578 391 E04DC 3400
COE LAURA-JULIA G DELGADO INVESTMENTS LLC D-MAC LLC ET AL DEAN CROPPER
239 E HERSEY ST 148 E HERSEY ST 240 E HERSEY
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2015-01578 391 E04DC 700 PA-2015-01578 391 E04DC 3200 PA-2015-01578 391 E04CD 2300
EGENDOERFER BENJAMIN FESLER JUNE MARA TRSTEE FBO FRYE GAYLE K
248 PATTERSON ST 720 IDYLBERRY RD 173 E HERSEY ST
ASHLAND, OR 97520 SAN RAFAEL, CA 94903 ASHLAND, OR 97520
PA-2015-01578 391 E04DC 3202 PA-2015-01578 391 E04CD 305 PA-2015-01578 391 E04CD 2800
GREEN LYNN MARIE HAVILL RUDDY P TRUSTEE ET AL HOLLAND GEORGE H
2665 TAKELMA WAY 204 PATTERSON ST 153 HERSEY ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2015-01578 391 E04DC 3201 PA-2015-01578 391 E04CD 417 PA-2015-01578 391 E04CD 2200
HUNG EPING ET AL HUNT CHARLES J JR/KATHLEEN S HYLAND STEPHANIE L
247 E HERSEY ST PO BOX 1000 175 HERSEY ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2015-01578 391 E04DC 500 PA-2015-01578 391 E04CD 303 PA-2015-01578 391 E04CD 304
JERNIGAN-JONES RUTH JOHNSON SARA L TRUSTEE ET AL MCDERMOTT DIANE L
220 PATTERSON ST 200 PATTERSON ST 1229 LA VEGA DR SW
ASHLAND, OR 97520 ASHLAND, OR 97520 ALBUQUERQUE, NM 87105
PA-2015-01578 391 E04DC 600 PA-2015-01578 391 E04CD 2500 PA-2015-01578 391 E04DC 3100
MEYER WILLARD D/JUDITH A MOWAT DAVID TRUSTEE ET AL PYLE THOMAS W/AMANDA L
PO BOX 1922 163 EAST HERSEY ST 251 E HERSEY ST
MARINA, CA 93933 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2015-01578 391 E04CD 2600 PA-2015-01578 391 E04CD 416 PA-2015-01578 391 E04DC 601
REICHERT ELDRED A/JOAN C SCOTT THEODORE P/EVA M SOUTHARD PEGGY A
161 E HERSEY ST 510 POPLAR PL PO BOX 644
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2015-01578 391 E04CD 301 PA-2015-01578 391 E04CD 415 PA-2015-01578 391 E04DC 3300
SPRATT LINDA 0 STEWART VICTORIA DIANE STROUD C WANDA TRUSTEE ET AL
212 PATTERSON 1224 N MODOC AVE 4 219 HERSEY STREET E
ASHLAND, OR 97520 MEDFORD, OR 97504 ASHLAND, OR 97520
PA-2015-01578 391 E04CD 306 PA-2015-01578 391 E04CD 2900 PA-2015-01578
VISION HOMES INC WEAVER ALICE T TAYLORED ELEMENTS KYLE TAYLOR
PO BOX 3550 151 E HERSEY ST 588 PARSONS, STE H
CENTRAL POINT, OR 97502 ASHLAND, OR 97520 MEDFORD, OR 97501
PA-2015-01578
MARY KWART
275 E. HERSEY
ASHLAND, OR 97520
I
199 E Hersey
10/23/2015 NOD
34
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October 10, 2015
Ashland City Planning Department
51 Winburn Way
Ashland, Or. 97520
Greetings:
i
I live at 275 E. Hersey St. I want to comment on a request for a "minor" modification to a land partition
PA-2015-000794 on Hersey St.
The request is for a tree removal permit. The applicant previously designated 4 trees to be preserved
during site development and is now requesting the subject trees to be removed for various reasons.
I strongly disagree with granting this request for these reasons:
1. The applicant was given a permit to perform site development presenting the trees.
2. Ashland has been a Tree City USA for 30 years. Removal of large trees within the city violates
Tree City USA commitments.
3. Property values will diminish.
4. It sends the wrong message to individuals and businesses in Ashland about protecting trees and
contributing to sustainable tree management
5. As more and more mature trees are removed to accommodate site development, energy
consumption and costs in Ashland will rise because trees provide shade and cover.
Removing large trees contradicts the newly formed Community Climate and Energy Action Plan.
Removable of trees is not responsible climate action and contributes to an overall increase, not
decrease of energy use.
I support increasing, not decreasing, commitment to our urban tree canopy to maintain clean air, water
shade and beauty in our community. Mature trees contribute to the community in ways not replaceable
by saplings or other vegetation.
Granting this tree removal request is not contributing to maintaining the commitmentto Ashland's
urban tree canopy, it is decreasing it.
Sincerely,
Mary Kwart
U 2015
ASHLAND TREE COMMISSION
PLANNING APPLICATION REVIEW COMMENT SHEET
October 8, 2015
PLANNING ACTION: PA-2015-01578
SUBJECT PROPERTY: 199 E. Hersey Street
OWNER: Vision Homes Inc.
APPLICANT: Taylored Elements Construction
DESCRIPTION: A request for a minor modification to a Land Partition (PA-2015-
000794) in the form of a Tree Removal Permit. The applicant previously designated four trees to
be preserved during site development. The applicant is now requesting the subject trees to be
removed for various reasons.
COMPREHENSIVE PLAN DESIGNATION: Single-family Residential; ZONING: R-1-5;
ASSESSOR'S MAP: 39 IE 04CD; TAX LOTS: 306.
The Tree Commission recommends approving the application as submitted" along with specific
recommendations below:
1) That Staff inspect and approve of all tree protection fencing prior to further site work or removal
of trees;
2) That a water program begin immediately for the cedar tree labeled as # 5;
3) That Staff identify and clarify what trees were labeled as being preserved in the original planning
action, and, what trees, if any, have been removed without a permit;
4) If any trees were removed without first obtaining a tree removal permit, the City should enforce a
penalty upon the applicant equal to the value of the trees cut down.
Department of Community Development Tel: 541.488-5350 CITY OF
51 Winbum Way Fax: 541-552-2050
Ashland, Oregon 97520 TTY: 800-735-2900 -ASHLANLJ
«ww.ashland.onus
Planning Department, 51 Winburn Way, Ashland, Oregon 97520 CITY F
j 541-488-5305 Fax: 541-552-2050 www.ashland.or,us TTY: 1-800-735-2900 ASHLAND
NOTICE OF APPLICATION
PLANNING ACTION: PA-2015-01578
SUBJECT PROPERTY: 199 E. Hersey Street
OWNER: Vision Homes Inc.
APPLICANT: Taylored Elements Construction
DESCRIPTION: A request for a minor modification to a Land Partition (PA-2015-000794) in the form of a Tree
Removal Permit. The applicant previously designated four trees to be preserved during site development. The
applicant is now requesting the subject trees to be removed for various reasons. COMPREHENSIVE PLAN
DESIGNATION: Single-family Residential; ZONING: R-1-5; ASSESSOR'S MAP: 39 1E 04CD; TAX LOTS: 306.
NOTE: The Ashland Tree Commission will also review this Planning Action on Thursday, October 8, 2015 at 6:00 PM in the Community
Development and Engineering Services building (Siskiyou Room), located at 51 Winburn Way.
NOTICE OF COMPLETE APPLICATION: September 28, 2015
DEADLINE FOR SUBMISSION OF (WRITTEN COMMENTS: October 12, 2015
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SUBJECTPROPERTY
199 E. Hersey
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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 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.
Wcomm-dev\planning\Planning Actions\Noticing FolderWaited Notices & Signs\2015\PA-2015-01578.docx
MINOR MODIFICATIONS APPROVAL CRITEW
18.5.6.040
C. Minor Modification Approval Criteria. A Minor Modification shall be approved only upon the approval authority finding that all of the following criteria are
met.
1. Minor Modification applications are subject to the same approval criteria used for the initial project approval, except that the scope of review is limited
to the modification request. For example, a request to modify a commercial development's parking lot shall require Site Design Review only for the
proposed parking lot and any changes to associated access, circulation, etc. Notice shall be provided in accordance with chapter 18.5.1.
2. A modification adding or altering a conditional use, or requiring a variance, administrative variance, or exception may be deemed a Major
Modification and/or may be subject to other ordinance requirements.
3. The approval authority shall approve, deny, or approve with conditions the application, based on written findings; except that conditions of approval
do not apply, and findings are not required, where the original approval was approved through a Ministerial review.
CRITERIA FOR ISSUANCE OF TREE REMOVAL PERMIT
18.5.7.040.6
B. Tree Removal Permit.
1. Hazard Tree. A Hazard Tree Removal Permit shall be granted if the approval authority finds that the application meets all of the following criteria, or
can be made to conform through the imposition of conditions.
a. The applicant must demonstrate that the condition or location of the tree presents a clear public safety hazard (i.e., likely to fall and injure
persons or property) or a foreseeable danger of property damage to an existing structure or facility, and such hazard or danger cannot
reasonably be alleviated by treatment, relocation, or pruning, See definition of hazard tree in part 18.6.
b. The City may require the applicant to mitigate for the removal of each hazard tree pursuant to section 18.5.7.050. Such mitigation requirements
shall be a condition of approval of the permit.
2. Tree That is Not a Hazard. A Tree Removal Permit for a tree that is not a hazard shall be granted if the approval authority finds that the application
meets all of the following criteria, or can be made to conform through the imposition of conditions.
1. The tree is proposed for removal in order to permit the application to be consistent with other applicable Land Use Ordinance requirements and
standards, including but not limited to applicable Site Development and Design Standards in part 18.4 and Physical and Environmental
Constraints in part 18.10.
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.
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.
4. Nothing in this section shall require that the residential density to 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 this ordinance.
5. The City shall require the applicant to mitigate for the removal of each tree granted approval pursuant to section 18.5.7.050. Such mitigation
requirements shall be a condition of approval of the permit.
GAcomm-dev\planning\Planning Actions\Noticing FolderW ailed Notices & Signs\2015\PA-2015-01578.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 September 28, 2015 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 #2015-01578, 199 E Hersey.
Signature of Employee
DomumenQ 9/28/2015
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ALLEN JOHN A TRUSTEE ET AL BARCHARD DEBRA A BEELS BRIAN D/KAREN L
PO BOX 686 480 POPLAR PL 216 PATTERSON ST
SEIAD VALLEY, CA 96086 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2015-01578 391 E04CD 2000 PA-2015-01578 391 E04CD 412 PA-2015-01578 391 E04CD 414
BERNARD DAVID A TRUSTEE BURGER EDWARD DORSEY CHANG CECE XUYEN HUA TRUSTEE
PO BOX 730 485 POPLAR PL 490 POPLAR PL
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2015-01578 391 E04DC 3203 PA-2015-01578 391 E04CD 1903 PA-2015-01578 391 E04DC 3400
COE LAURA-JULIA G DELGADO INVESTMENTS LLC D-MAC LLC ET AL DEAN CROPPER
239 E HERSEY ST 148 E HERSEY ST 240 E HERSEY
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2015-01578 391 E04DC 700 PA-2015-01578 391 E04DC 3200 PA-2015-01578 391 E04CD 2300
EGENDOERFER BENJAMIN FESLER JUNE MARA TRSTEE FBO FRYE GAYLE K
248 PATTERSON ST 720 IDYLBERRY RD 173 E HERSEY ST
ASHLAND, OR 97520 SAN RAFAEL, CA 94903 ASHLAND, OR 97520
PA-2015-01578 391 E04DC 3202 PA-2015-01578 391 E04CD 305 PA-2015-01578 391 E04CD 2800
GREEN LYNN MARIE HAVILL RUDDY P TRUSTEE ET AL HOLLAND GEORGE H
2665 TAKELMA WAY 204 PATTERSON ST 153 HERSEY ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2015-01578 391 E04DC 3201 PA-2015-01578 391 E04CD 417 PA-2015-01578 391 E04CD 2200
HUNG EPING ET AL HUNT CHARLES J JR/KATHLEEN S HYLAND STEPHANIE L
247 E HERSEY ST PO BOX 1000 175 HERSEY ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2015-01578 391 E04DC 500 PA-2015-01578 391 E04CD 303 PA-2015-01578 391 E04CD 304
JERNIGAN-JONES RUTH JOHNSON SARA L TRUSTEE ET AL MCDERMOTT DIANE L
220 PATTERSON ST 200 PATTERSON ST 1229 LA VEGA DR SW
ASHLAND, OR 97520 ASHLAND, OR 97520 ALBUQUERQUE, NM 87105
PA-2015-01578 391 E04DC 600 PA-2015-01578 391 E04CD 2500 PA-2015-01578 391 E04DC 3100
MEYER WILLARD D/JUDITH A MOWAT DAVID TRUSTEE ET AL PYLE THOMAS W/AMANDA L
PO BOX 1922 163 EAST HERSEY ST 251 E HERSEY ST
MARINA, CA 93933 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2015-01578 391 E04CD 2600 PA-2015-01578 391 E04CD 416 PA-2015-01578 391 E04DC 601
REICHERT ELDRED A/JOAN C SCOTT THEODORE P/EVA M SOUTHARD PEGGY A
161 E HERSEY ST 510 POPLAR PL PO BOX 644
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2015-01578 391 E04CD 301 PA-2015-01578 391 E04CD 415 PA-2015-01578 391 E04DC 3300
SPRATT LINDA 0 STEWART VICTORIA DIANE STROUD C WANDA TRUSTEE ET AL
212 PATTERSON 1224 N MODOC AVE 4 219 HERSEY STREET E
ASHLAND, OR 97520 MEDFORD, OR 97504 ASHLAND, OR 97520
PA-2015-01578 391 E04CD 306 PA-2015-01578 391 E04CD 2900 PA-2015-01578
VISION HOMES INC WEAVER ALICE T TAYLORED ELEMENTS KYLE TAYLOR
PO BOX 3550 151 E HERSEY ST 588 PARSONS, STE H
CENTRAL POINT, OR 97502 ASHLAND, OR 97520 MEDFORD, OR 97501
199 E Hersey
9/28/15 NOC
33
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8 Par, :,pis .,r. Ste ale sIford 0.9; S01 •1M0.1617
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9/3/2015
RE: 199 E Hersey Tree Protection Narratives
Included in this letter are the following items requested.
1) A Revised Site Plan Map showing existing trees (To be Removed and To be Protected), Tree protection fencing around
the drip line of the trees to be protected, location of proposed utilities (electric, sewer, storm water, etc.), building
footprints (existing and proposed), all impervious surfaces (driveways, sidewalks, etc.).
2) A written narrative discussing the reasons for tree removal that includes all trees that are designated for removal.
3) An Arborist's Report on the Health and Hazards to Tree #5.
4) A mitigation plan showing the number and species of trees to be planted.
Response:
1) See attached map. The location of the utility installation is approximate, and will be determined on site. All
work will be contained to the PUE's with exception of the main lateral connections per lot location as needed.
2) There has been a variety of issues, and concerns brought to light about the trees at 199 E Heresy. There has also
been some misunderstanding of the process. It was not anticipated that the original map that was submitted was
without opportunity to review and revise prior to committee approval. At the time of submittal we had yet to
determine the specifications and plans for any of the proposed dwellings, or their respective "footprints". At this point
the project has a clearer path and we now have a more detailed understanding of the restraints of the building locations
and restrictions. It has always been our intent and will continue to be, to be good stewards of the land, and work
around to the best of our ability create a healthy and responsibly managed property.
Please see tree map for locations of trees described below:
Tree 1-10" Cedar: In consideration of the future use of the property, and the layout of the approved home (Permit #
2015-00978), we have determined that this tree will be too close to the drive location and will ultimately be a nuisance
to the future home owner. We believe that installation of a new tree in the SE corner of the property will be a better
function use of the land and for the health of the tree.
Tree 2 - 12"Pine: This tree has been removed due to a previous hazardous condition.
Tree 3 - 30" Elm: This tree is not on our property. It is limbed up high enough to work under with the approved building
location encroaching into the canopy. It is not possible for us to build the approved building with the tree protection
plan requirements. We do not intend to damage the tree, nor remove it. The tree is a large diameter, and healthy tree,
and we do not anticipate any trouble with it given the current plan.
RLI,:i UELING 1 NEi;lr CONSI ~IUCTION CU',, fOP~t FINISH CARPENTRY PROJECT MANAGE.. E:,n'T ENERGY EFFICIENGY PRODUGi S
i
688 Parsons Dr. Ste Q(;4ord 0- 97501 641.1,', J.IC,17
Tree 4 -10" Cedar: This tree is not been maintained, nor is it a visually appealing tree. We have planned on removing it
from day one, with a replacement planned for the back yard on this lot.
Tree 5 - 30" Cedar: While we originally planned to remove this tree, we agree with the committee's decision to save it at
this point. It is a large diameter, health mature tree, which adds character to the property. We have protective fencing
installed at this time at the canopy line. During excavation of this site, some of the roots were damaged that were
outside the protection area. Please see attached letter from Southern Oregon Tree Care for additional information.
Tree 6 - 8" Juniper: Again this tree is not on our property, and we intend to protect this tree to our best ability.
Tree 7, 8 and 9 -12" Elm, 6' Cedar, 24" Elm: These tree's are directly impeding access to the properties shared drive
location for lots 1 & 2. None of them have been maintained, and are not in good condition. We have planned to remove
them from day one, with replacements for each parcel.
Tree 10 -12" Cedar: We originally intended to save this tree, but after demolition of the existing structures on the
property, it was discovered that this tree has been significantly damaged previous to our involvement on the property.
Our arborist has recommended removal due to not only an ascetic value, but also a structural problem with future
growth.
Tree 11 and 12-16 " Cedar, 15" Cedar: These tree's are limiting access and encroaching on the proposed building site of
parcel 1. They are not adding significant shade nor ascetic appeal to the property, and we are proposing replacement
with more appropriate location and variety.
Tree 13 and 14 - (2) 12" Cedar: Although not adding significantly to the property these trees are relatively healthy and
not in immediate danger of damage. We intend to leave these trees in place and protect them.
3) See arborists Report included. It is our intention to follow the arborist's recommendations and preserve this tree to
the best of our ability.
4) Mitigation Plan for additional trees to be added to the property after course of construction. See Attached map. All
proposed tree locations are approximate, and will be determined exactly on site after all utility installation and home
construction is complete.
Lot 1- NE Rear yard to have one Ornamental Pear Tree added.
SW Front yard to have one Green Japanese Maple added.
Lot 2- NE Rear yard to have one Armstrong Maple added.
NW Rear yard to have one Dogwood added.
Lot 3- NE Rear yard to have one Armstrong Maple added.
SE Front Yard to have one Dogwood added.
REMODELING d CONSTRUCTION CUSTOM FINISH CARPENTRY PROJEG r kB AN AUEME T ENERGY EFFICIENCY PRODUCTS
X138 Parsons Dr. Ste: Ledford OR 97501 Xz')0.1617
We believe that the addition of these trees along with the existing and saved trees will both ascetically and functionally
be the best opportunity for the property.
Please let us know if you have additional questions or comments regarding this matter.
Thank you for your consideration.
Kyle Taylor
Taylored Elements Construction
541-621-8095
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REMOCSELI '1 N CONSTRUCTION CUSTOM FINISH C mRPENTRY PROJECT v3AI AGr- ° BST NERG e' EFFICIENCY PRODUCTS
199 Hersey Construction Report- Cedar 9
Kyle from Taylored Elements Construction contacted me regarding a large cedar tree (Calocedrus
decurrens) at 199 East Hersey St. in Ashland, Oregon. The construction resulted in many woody roots
being damaged by excavating equipment. The largest of these are about two inches diameter and many
roots an inch and smaller.
1 was asked to determine the health and/or hazard effects this damage may cause. The damaged roots
have been shredded and the soil they are in has dried out significantly. None of these roots appear to
be significant structural roots. I don't think either the health or structure of the tree will be significantly
compromised by this particular intrusion, though any more damage inside the dripline could cause
problems. At this point I would recommend some irrigation inside the tree protection zone weekly until
the weather can maintain soil moisture. This irrigation should happen at least weekly if the daytime
highs stay in the 80's and 90's. As well as irrigation, the exposed roots should be hand excavated back
far enough to cut cleanly with sharp tools. The cuts should be made in such a manner as to minimize the
cross section of the cut and if possible, back fill soil overthem to maintain moisture. Please feel free to
contact us if there are any questions regarding this project.
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Willie Gingg, I.S.A. Board Certified Master Arborist Date
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Willie Gingg, S:.O. `Free Care, Llc September 4th 2015 Page 1
Mark Schexnayder
-MEW
From: Mark Schexnayder [mark. schexnayder@ashland. or.us]
Sent: Wednesday, September 02, 2015 2:59 PM
To: 'Kyle Taylor'
Cc: 'Kevin Flynn'
Subject: 199 East Hersey - Modification to PA-2015-00794
Hello Kyle,
spoke with Kevin Flynn this morning regarding your property. He noted on a recent site visit that work may be
occurring inside the drip line of the 30-inch DBH Cedar tree (Tree #5) that is not approved for removal. At this time tree
protection fencing should be in place around the drip line of tree #5 and no ground disturbance should be occurring in
this area.
Thank you for submitting the revised Site Plan showing the existing trees to be removed and trees that will be protected.
However, after further review staff has determined that the submitted materials for PA-2015-00794 are not adequate to
move forward processing the application at this time.
In order to move forward with processing this application staff requires that you submit the following:
1) A Revised Site Plan Map showing existing trees (To be Removed and To be Protected), Tree protection fencing around
the drip line of the trees to be protected, location of proposed utilities (electric, sewer, storm water, etc.), building
footprints (existing and proposed), all impervious surfaces (driveways, sidewalks, etc.).
2) A written narrative discussing the reasons for tree removal that includes all trees that are designated for removal.
3) An Arborist's Report on the Health and Hazards to Tree #5 .
4) A mitigation plan showing the number and species of trees to be planted.
Since the Revised Tree Protection Plan (See above) was a Condition of Approval for PA-2015-00794 staff requires that
you submit the information by the end of the day on Wednesday, September 9, 2015.
If you have further questions, please contact me.
Thank you,
Mark Schexnayder, Assistant Planner
City of Ashland, Community Development Department
20 E. Main St., Ashland, OR 97520
541.552.2044 Tel
i
800.735.2900 TTY
541.552.2050 Fax
This email transmission is official business of the City of Ashland, and it is subject to Oregon Public Records Caw for disclosure and retention. If you
have received this message in error, please contact me at 541.552.2044. Thank you.
1
Mark Schexnayder
From: Mark Schexnayder [mark. schexnayder@ashland. or.us]
Sent: Thursday, August 20, 2015 5:16 PM
To: 'kyle@tayloredelements.com'
Cc: 'Derek Severson'
Subject: 199 East Hersey - Modification to PA-2015-00794 - Tree Removal
Hello,
This E-mail is in response to the application materials for a Modification to the Tree Protection and Removal Plan
submitted on 8/18/2015.
After reviewing the Arborist's Report by Southern Oregon Tree Care and conducting a site visit to the subject property
staff has determined that the tree(s) in question do not qualify for an Emergency Tree Removal Permit. The tree is not in
immediate danger of collapse (Definition: Immediate Danger of Collapse, Tree -A tree that may already be leaning, with
the surrounding soil heaving, and/or there is a significant likelihood that the tree will topple or otherwise fail and cause
damage before a tree removal permit could be obtained through the non-emergency process. Immediate danger of
collapse does not include hazardous conditions that can be alleviated by pruning or treatment.).
However, the tree(s) appear to qualify as a Hazard Tree for the Approval Criteria under section 18.5.7.040.13 (Definition:
Hazard Tree - A hazard tree is a tree that is physically damaged to the degree that it is clear the tree is likely to fall and
injure persons or property. A Hazard tree may also include a tree that is located within a public right of way and is
causing damage to existing public or private facilities or services and such facilities or services cannot be relocated).
Furthermore, an application file has been opened for the Modification to PA-2015-00794; however, before the
application can move forward with processing staff requires that you (the applicant) submit a Revised Tree Protection
and Removal Plan that complies with the requirements of AMC 18.4.5.030.13 and that the tree protection measures
required as part of AMC 18.4.5.030.C (tree protection fencing) shall be installed on-site and inspected (AMC
18.4.5.030.D) prior to any additional site disturbance activities. The plan shall identify the location and placement of
fencing around the drip lines of trees identified for preservation.
The requirement mentioned in the previous (above) paragraph is listed as condition #3 in the Conditions of Approval for
PA-2015-00794 in the document labeled Ashland Planning Division Findings & Order, which gained final approval on July
1, 2015. Staff has reviewed the file and has found no record indicating that this condition was fulfilled previously.
All the best,
Mark Schexnayder, Assistant Planner
City of Ashland, Community Development Department
20 E. Main St., Ashland, OR 97520
541.552.2044 Tel
800.735.2900 TTY
541.552.2050 Fax
This email transmission is official business of the City of Ashland, and it is subject to Oregon Public Records Law for disclosure and retention. If you
have received this message in error, please contact me at 542.552.2044. Thank you.
1
RE: 199 E Hersey Tree Protections.
During the course of construction and outside of the tree protection plan in place for the tentative plat for 199 E Hersey,
the roots for tree number two were damaged. Due to the damage of the roots, and the excavation around the tree per
our approved plans, we are fearful of the falling on the neighboring property. Large roots were damaged, along with
poor clay soil are creating a hazard. Our letter from Southern Oregon Tree Care is attached, along with a revised
proposal for our tree protection.
i
It is our wish to remove tree number two as soon as possible to remove any liability from the situation.
Thank you
Taylored Elements Construction
8/18/2015
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199 Hersey Construction Report'
Kyle from Taylored Elements Construction contacted me regarding two trees of concern at a
construction project of theirs. The trees are located at 199 East Hersey St. in Ashland, Oregon. The tree
of most concern is tree number 2 on the land surveyor's tree table. It is a 12 inch diameter Ponderosa
pine (Pinus ponderosa) that has a slight lean over the nearest fence. in the excavation process, many
large, anchoring roots were damaged. Due to the lean this tree apparently grew many roots out this
direction to stabilize the tree. The fact that this many large roots were damaged could likely destabilize
the tree and my recommendation would be to remove this tree as soon as possible and mitigate with
replacement trees after construction has been completed.
The second tree of concern is tree number 10. This tree appears to have had a major portion of the top
blow out of it at some point in the recent past. This large wound ruins the aesthetic value as well as
creates a future structural issue. The proposed electrical box being installed at the base of this tree
could cause long term issues as well. I would recommend removing this tree as well with similar
mitigation as noted above. Feel free to contact me with any questions or concerns.
Willie Gingg, I.S.A. Board Certified Master Arborist Date
Willie Gingg, S. 0. Tree Care, Llc August 1711, 2015 Page 1
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7 t i
ZONING PERMIT APPLICATION
y Planning Division
CITY OF 51 Winburn Way, Ashland OR 97520 FILE #
ASMAN D 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 5 r
E-Mail
Address s .,r . _ > City Zip c
PROPERTY OWNER
Name =f Phone gf E-Mail
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
I 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. 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.
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.
, pplicant's Signature Date
As owner of the property involved in this request,) 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]
- r7
Date Received _ Zoning Permit Type Filing Fee $
OVER 0
GAcomm-de0plumingTonns & Handouts\Zoning Permit Application.doc
i
Job Address: 199 HERSEY ST E Contractor:
ASHLAND OR 97520 Address:
E
C
A Owner's Name: VISION HOMES LLC C Phone:
P N State Lic No:
P Customer 08320
VISION HOMES LLC T City Lic No:
Applicant: PO BOX 3550 f'
Address: CENTRAL POINT OR 97502 A
C C Sub-Contractor:
A Phone: (541) 301-7652 T Address:
N Applied: 08/18/2015 0
T Issued:
Expires: 02/14/2016 Phone:
State Lic No:
Maplot: 391 E04CD306 City Lic No:
DESCRIPTION: Tree Removal - There is Planning Action with this address PA-2015-00794
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.orms CITY Inspection Request Line: 541-552-2080 ® F -AS Hy LA