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Home My WebLink AboutA_624-640_PA-2015-01981 I TY ,F 1 r December 3, 2015 Notice of Final Decision On December 2, 2015 the Community Development Director approved the request for the following: Planning Action: 2015-1981 Subject Property: 624 & 640 A Street i Applicant: Jim & Cheryl Lewis Description: A request for a Tree Removal Permit to remove four Black Cottonwood Trees situated between 624 & 640 A Street. The project arborist notes that limbs or tops of the trees have unexpectedly broke and fell to the ground resulting in damage to structures on the property. COMPREHENSIVE PLAN DESIGNATION: Employment; ZONING: E-1; ASSESSOR'S MAP: 39 lE 09AB; TAX LOT: 4800 & 4900. The Community Development Director's decision becomes final and is effective on the 12`h 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. 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: 541-488-5305 51 Winburn Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 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 party 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: I . 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: 541-488-5305 51 Winburn Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 1 it J.Onus t ASHLAND PLANNING DIVISION FINDINGS & ORDERS PLANNING ACTION: PA-2015-01981 SUBJECT PROPERTY: 624 & 640 A Street OWNER/APPLICANT: Jim & Cheryl Lewis DESCRIPTION: A request for a Tree Removal Permit to remove four Black Cottonwood Trees situated between 624 & 640 A Street. The project arborist notes that limbs or tops of the trees have unexpectedly broke and fell to the ground resulting in damage to structures on the property. COMPREHENSIVE PLAN DESIGNATION: Employment; ZONING: E-l; ASSESSOR'S MAP: 39 lE 09AB; TAX LOT: 4800 & 4900. SUBMITTAL DATE: October 16, 2015 DEEMED COMPLETE DATE: October 28, 2015 STAFF APPROVAL DATE: December 3, 2015 FINAL DECISION DATE: December 15, 2015 APPROVAL EXPIRATION DATE: June 15, 2017 DECISION The application is a request for a Tree Removal Permit to remove four hazard trees. The four Black Cottonwood trees are approximately 33-inch, 27-inch, 28-inch, and 30-inch diameter at breast height (DBH) respectively. The landscaped area in the front and side yard of the subject properties include four Black Cottonwood trees that have dropped a number of large branches over the past several months causing damage to the roof of at least one structure. All four trees remain standing; however, the applicants have expressed concern over the safety of pedestrians as well as historic buildings near the trees. As requested by staff, the applicant had an arborist conduct a report on the trees. An arborist report submitted October 16, 2015 by Nathanial Stuart, with Canopy Conscious LLC, stated the subject trees are are healthy and show no visible signs of decay. However, the arborist also notes that Black Cottonwood trees are not well suited for urban environments because they hold a lot of water, becoming heavy and overextended leading to frequent unexpected limb failure. The applicant is requesting a Tree Removal Permit to take down the subject trees and begin a more appropriate landscape plan for their front and side yards. To be deemed a "hazard tree" the condition or location of the tree must clearly present a public safety hazard (i. e., that the tree is likely to fall and injure persons or property). Or, that there is a foreseeable danger of property damage to an existing structure or facility, and, that such hazard or danger cannot reasonably be alleviated by treatment, relocation or pruning. Based on the materials provided by the applicant's arborist and a site visit by staff, the subject trees are at risk of branch failure onto the adjacent structures and urban environment. Furthermore, the arborist notes that removal of the four trees is the better course of action for the wellbeing of the residents, employees, pedestrians, and surrounding structures. The Ashland Tree Commission reviewed the request at its regular meeting on November 5, 2015. Commissioners noted they had made site visits and, likewise, agree with the arborist that the trees are a hazard and should be removed. There were no public comments submitted during the public comment period or during the Tree Commission meeting. PA #2015-01981 624 & 640 A StreeVMMS Page i The criteria for a Tree Removal Permit for the removal of hazard trees are described in AMC Chapter 18.5.7.040.B as follows: 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. Planning Action #2015-01981, a request to remove four hazard trees, complies with all applicable City ordinances with the imposition of the conditions attached below. Therefore, Planning Action #2015- 01981 is approved. If any one or more of the following conditions are found to be invalid, for any reason whatsoever, then Planning Action #2015-01981 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 specifically modified herein. 2. That the tree removal shall be mitigated as provided in AMC 18.5.7.050 within one year of the removal. December 2, 2015 B' olnar Director Date epartmen of Community Development L PA #2015-01981 624 & 640 A StreeVMMS Page 2 i 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 December 3, 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 #2015-1981, 624 & 640 A Street. I' Signature of Employee Documentt 1202015 PA-2015-01981 391 E09AB 6506 PA-2015-01981 391 E09AB 3700 PA-2015-01981 391 E09AB 4100 645 A STREET LLC TRUSTEES OF ADDERSON BUILDERS INC ANDERSON CURTIS R/LORIE S PO BOX 1018 234 VISTA ST 248 5TH ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2015-01981 391 E09AB 6505 PA-2015-01981 391 E09AB 4900 PA-2015-01981 391 E09AB 5100 AUSTIN J ELLEN TRUSTEE ET AL BANYAN DEPOT LLC BONSELL TONY PO BOX 851 1390 ROMEO DR 564 A STREET ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2015-01981 391 E09AB 3600 PA-2015-01981 391 E09AB 4600 PA-2015-01981 391 E09AB 6000 CAIN ROBERT ROY TRUSTEE ET AL CLAYTON GARETT S/LISA R DAMON-TOLLENAERE MATTHEW 671 B ST 301 DAVIDSON WAY TRUSTEE ET AL ASHLAND, OR 97520 TALENT, OR 97540 235 FIFTH ST ASHLAND, OR 97520 PA-2015-01981 391 E09AB 4200 PA-2015-01981 391 E09AB 2400 PA-2015-01981 391 E09AB 5000 DOWNES ELLEN K HOUNSELL REBECCA 0 TRUSTEE ET AL JACKSON DANIEL D TRUSTEE 266 FIFTH ST 294 SIXTH ST 1793 ANDERSON CREEK RD ASHLAND, OR 97520 ASHLAND, OR 97520 TALENT, OR 97540 PA-2015-01981 391 E09AB 6507 PA-2015-01981 391 E09AB 4500 PA-2015-01981 391 E09AB 3800 KENEFICK JERRY KOEHLER THOMAS R TRUSTEE ET AL LAPKIN LAWRENCE TRUSTEE ET AL 667 A ST 2861/2 PATTERSON ST 3295 EDGEWATER DR ASHLAND, OR 97520 ASHLAND, OR 97520 TAHOE CITY, CA 96145 PA-2015-01981 391 E09AB 4400 PA-2015-01981 391 E09AB 4800 PA-2015-01981 391 E09AB 4300 LARSON WENDY DAWN/MATTHEW W S LEWIS JAMES D TRUSTEE ET AL MAJOR MARTIN/SHEILA 1 TAPPAN CT 640 A ST 25 CHESTNUTT HILL LN ORINDA, CA 94563 ASHLAND, OR 97520 BRIARCLIFF MANOR, NY 10510 PA-2015-01981 391 E09AB 6503 PA-2015-01981 391 E09AB 3500 PA-2015-01981 391 E09AB 3900 MC MILLIAN WILLIAM M TRSTEE PEARSON EDWIN E TRUSTEE ET AL PIKER EILEEN 35 BOARDWALK ONE 843 E MAIN ST 101A 625 B ST LARKSPUR, CA 94939 MEDFORD, OR 97504 ASHLAND, OR 97520 PA-2015-01981 391 E09AB 5200 PA-2015-01981 391 E09AB 6508 PA-2015-01981 391 E09AB 4000 POWELL GARY DEAN REEVES WILLIAM F/R J OSTROM RENWICK ALLISON TRUST ET AL 562 A ST 681 A ST 155 SIXTH ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2015-01981 391 E09AB 5900 PA-2015-01981 391 E09AB 2500 PA-2015-01981 391 E09AB 6700 ROBINSON EDWIN P TRUSTEE STOKES CHRISTINE UNION PACIFIC RR CO PROPERTY TAX 2407 BRENTWOOD RD 215 NUTLEY ST DEPARTMENT SACRAMENTO, CA 95825 ASHLAND, OR 97520 1400 DOUGLAS - STOP 1640 OMAHA, NE 68179 PA-2015-01981 391 E09AB 2401 PA-2015-01981 391 E09AB 6504 PA-2015-01981 WEISS ERIC JONATHAN WILSON ELLIS V/MILDRED M CANOPY CONSCIOUS LLC 2305-C ASHLAND ST 227 1475 WINDSOR ST 2000 TOLMAN CREEK RD ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2015-01981 KEVIN CASEY 624 & 640 A Street 624 A STREET NOD 12/, 015 121311 ASHLAND, OR 97520 31 c t, ASHLAND COMMISSION PLANNING APPLICATION REVIEW COMMENT SHEET November 5, 2015 PLANNING ACTION: PA-2015-01981 SUBJECT PROPERTY: 624 & 640 A Street APPLICANT/OWNER: Jim & Cheryl Lewis DESCRIPTION: A request for a Tree Removal Permit to remove four Black Cottonwood Trees situated between 624 & 640 A Street. The project arborist notes that limbs or tops of the trees have unexpectedly broke and fell to the ground resulting in damage to structures on the property. COMPREHENSIVE PLAN DESIGNATION: Employment; ZONING: E-1; ASSESSOR'S MAP: 39 lE 09AB; TAX LOT: 4800 & 4900. The Tree Commission recommends approval of the application as submitted. Department of Community Development Tel: 541488-5350 CITY OF 51 Winbum Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 vvwv,~ ashland.or.us November 2, 2015 i City of Ashland Planning Division 51 Winburn Way Ashland OR 97520 Re: PA-2015-01981 624 & 640 A Street Dear Planning Division Representative, The trees in question provide both shade and beauty to the neighborhood. I am not a "tree hugger" but in this case I think removing these trees would be a large loss to the neighborhood. It is possible that the trees could be saved by selective pruning by a qualified arborist? Thank you. Jerry Keneick 667 A Street Ashland OR 97520 541-890-0763 0 4 2-015 Planning Department, 51 Winburn Way, Ashland, Oregon 97520 CITY OF 541-488-5305 Fax; 541-552-2050 www.ashland.or.us TTY: 1-800-735-2900 ASHLAND NOTICE OF APPLICATION PLANNING ACTION: PA-2015-01981 SUBJECT PROPERTY: 624 & 640 A Street OWN E RIAPPLI CANT: Jim & Cheryl Lewis DESCRIPTION: A request for a Tree Removal Permit to remove four Black Cottonwood Trees situated between 624 & 640 A Street. The project arborist notes that limbs or tops of the trees have unexpectedly broke and fell to the ground resulting in damage to structures on the property. COMPREHENSIVE PLAN DESIGNATION: Employment; ZONING: E-1; ASSESSOR'S MAP: 39 1 E 09AB; TAX LOT: 4800 & 4900. NOTE: The Ashland Tree Commission will also review this Planning Action on Thursday, November 5, 2015 at 6:00 PM in the Community Development and Engineering Services building (Siskiyou Room), located at 51 Winburn Way. NOTICE OF COMPLETE APPLICATION: October 28, 2015 DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: November 12, 2015 I Asr SUBJECT PROPERTY 624 & 640 A Street / PA•2016.01981 1:600 crrr 01 1 inch = 50 feet ASHLAND r-r-r-•-~ u~mai..nanair,~an..~n9~rr.nrr r...r~r. o zs rt.r s 'h..W ee, aid'pd-a«,y fieia,awea ror,1d Kkd W «or roaCnormcelbm no.ni a a..vrr.«. e~« wv,u.n. 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 FolderWailed Notices & Signs\2015\PA-2015-01981.docs TREE REMOVAL PERMIT 18.5.7.0403 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. f GAcomm-dev\p1anning\P1anning Actions\Noticing FolderVviailed Notices & Signs\2015\PA-2015-01981.docx f 4 t F ali I ~t}'~~ [rest, . 1 Ail, k P 5 L~1 L~ :i• ii dJ Lh 7 ~ ~ t~ r r r f 4' 4h,1 f i t , I a 4100 t ~ d"D of , 9 I r p k trig J) ~ - ,~F i a4 ,~.i~it~~. IPA t Flu ull r~ 1 r s , F ~ P P r y s ` 0 r ! r ~p11~~ J yy''~4 rl'1~i u ~P E ! 00 h ti PA`2015-01981 391 E09AB 6506 PA-2015701981 391 E09AB 3700 PA-2015-01981 391 E09AB 4100 645. A STREET LLC TRUSTEES OF ADDERSON BUILDERS INC ANDERSON CURTIS R/LORIE S PO BOX 1018 234 VISTA ST ! 248 5TH ST -ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA=2015701981 391 E09AB 6505 PA-2015-01981 391 E09AB 4900 PA-2015-01981 391 E09AB 5100 AUSTIN J ELLEN TRUSTEE ET AL BANYAN DEPOT LLC BONSELL TONY PO BOX 851 1390 ROMEO DR 564 A STREET 'ASHLAND, OR 97520 ASHLAND, OR 97520 ! ASHLAND, OR 97520 PA-2015-01981 391 E09AB 6000 PA' 201'5-01981 391 E09AB 3600 I PA-2015-01981 391 E09AB 4600 DAMON-TOLLENAERE MATTHEW CAIN. ROBERT ROY TRUSTEE ET AL CLAYTON GARETT S/LISA R TRUSTEE ET AL 671 'B ST 301 DAVIDSON WAY 235 FIFTH ST ASHLAND, OR 97520 TALENT, OR 97540 ASHLAND, OR 97520 ~ I PA-201'5=01981 391 E09AB 4200 PA-2015-01981 391 E09AB 2400 PA-2015-01981 391 E09AB 5000 DOWNES ELLEN K j HOUNSELL REBECCA 0 TRUSTEE ET AL ! JACKSON DANIEL D TRUSTEE 266 FIFTH ST 294 SIXTH ST 1793 ANDERSON CREEK RD ASHLAND, OR 97520 ASHLAND, OR 97520 1 TALENT, OR 97540 i I PA=2015=01981 391 E09AB 6507 PA-2015-01981 391 E09AB 4500 j PA-2015-01981 391 E09AB 3800 I' KENEFICK JERRY KOEHLER THOMAS R TRUSTEE ET AL LAPKIN LAWRENCE TRUSTEE ET AL 667 AST 1 2861/2 PATTERSON ST 3295 EDGEWATER DR ASHLAND, OR 97520 ASHLAND, OR 97520 TAHOE CITY, CA 96145 PA=2015=01981 391 E09AB 4400 1 PA-2015-01981 391 E09AB 4800 PA-2015-01981 391 E09AB 4300 LARSON WENDY DAWN/MATTHEW W S I LEWIS JAMES D TRUSTEE ET AL MAJOR MARTIN/SHEILA 1 TAPPAN CT 640 A ST 25 CHESTNUTT HILL LN `ORINDA, CA 94563 I ASHLAND, OR 97520 BRIARCLIFF MANOR, NY 10510 PA-2015-01981391 E09AB 6503 PA-2015-01981 391 E09AB 3500 PA-2015-01981 391 E09AB 3900 P MC MILLIAN WILLIAM M TRSTEE PEARSON EDWIN E TRUSTEE ET AL PIKER EILEEN 35 BOARDWALK ONE 843 E MAIN ST 101A 625 B ST LARKSPUR, CA 94939 MEDFORD, OR 97504 ASHLAND, OR 97520 PA-2015-01981391 E09AB 5200 PA-2015-01981 391 E09AB 6508 PA-2015-01981 391 E09AB 4000 POWELL GARY DEAN I REEVES WILLIAM F/R J OSTROM RENWICK ALLISON TRUST ET AL 562 A ST 681 A ST 155 SIXTH ST I ,ASHLAND, OR 97520 i ! I ASHLAND, OR 97520 ASHLAND, OR 97520 ~ l PA-2015-01981 391 E09AB 6700 PA-2015=01981391 E09AB 5900 PA-2015-01981 391 E09AB 2500 I "ROBINSON EDWIN P TRUSTEE I STOKES CHRISTINE , i UNION PACIFIC RR CO PROPERTY TAX 2407 BRENTWOOD RD 215 NUTLEY ST DEPARTMENT 1 SACRAMENTO, CA 95825 ASHLAND, OR 97520 1400 DOUGLAS -STOP 1640 OMAHA, NE 68179 PA-2015=01981391 E09AB 2401 PA-2015-01981 391 E09AB 6504 I PA-2015-01981 WEISS ERIC JONATHAN WILSON ELLIS V/MILDRED M CANOPY CONSCIOUS LLC 2305-C ASHLAND ST 227 1475 WINDSOR ST 12000 TOLMAN CREEK RD `ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2015-01981 624 & 640 A Street KEVIN CASEY NOC 1,0/28/15. 624 A STREET ASHLAND, OR 97520 31 I I 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. I 2. On October 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 #2015-01981, 624 & 640 A Street. Signature of Employee DocumenQ 10/28/2015 Rcnk Tran P sk Assessr~k2ioit r -orm Client Date Time Address/Tree location Tree no. Sheet of Tree species dbh Height Crown spread dia. Assessor(s) Time frame Tools used Target Assessfrrent Target zone c Occupancy m a x rate c m 3 3 c °1 ti 3 x 1-rare o m ~ c Target description , c x 2-occasional u u pvp•a v F- r- VD u! 3-frequent > V v rro '3 ti 4 - constant a` £ W a 12 3 e - 4 E Site Factors History of failures Topography Flat❑ Slope❑ % Aspect Site changes None D Grade change ❑ Site clearing❑ Changed soil hydrology❑ Root cuts ❑ Describe Soil conditions Limited volume ❑ Saturated Shallow❑ Compacted ❑ Pavement over roots ❑ % Describe Prevailing wind direction Common weather Strong winds ❑ Ice ❑ Snow ❑ Heavy rain ❑ Describe Tree Health and Species Profile Vigor Low ❑ Normal ❑ High ❑ Foliage None (seasonal) ❑ None (dead) ❑ Normal % Chlorotic % Necrotic % Pests Abiotic Species failure profile Branches ❑ Trunk O Roots O Describe Load Factors Wind exposure Protected O Partial D Full ❑ Wind funneling❑ Relative crown size Small D Medium O Large El Crown density Sparse D Normal O Dense[] Interior branches Few O Normal El Dense ❑ Vines/Mistletoe/Moss ❑ Recent or planned change in load factors Tree Defects and Conditions Affecting the Likelihood of Failure ® Crown and Branches Unbalanced crown ❑ LCR % Cracks ❑ Lightning damage ❑ Dead twigs/branches ❑ overall Max. dia. Codominant Of Included bark 6 rY Broken/Hangers Number Max dia Weak attachments ❑ Cavity/Nest hole % cite. Over-extended branches ❑ Pruning history Previous branch failures Similar branches present C Crown cleaned ❑ Thinned ❑ Raised ❑ Dead/Missing bark ❑ Cankers/Galls/Burls ❑ Sapwood damage/decay ❑ Reduced ❑ Topped ❑ Lion-tailed ❑ Conks ❑ Heartwood decay ❑ Flush cuts ❑ Other Response growth Main concern(s) Load on defect N/A ❑ Minor ❑ Moderate ❑ Significant ❑ Likelihood of failure Improbable ❑ Possible Probable ❑ Imminent ❑ -Trunk ® ® Roots and Root Collar Dead/Missing bark ❑ ;F Abnormal bark texture/color ❑ T Collar buried/Not visible ❑ Depth 'Stem girdtirig ❑ Codominant stems d Included bark Lf Cracks ❑ Dead ❑ Decay ❑ Conks/Mushrooms ❑ Sapwood damage/decay ❑ Cankers/Galls/Burls ❑ Sap ooze ❑ Ooze ❑ Cavity ❑ % circ. Lightning damage ❑ Heartwood decay❑ Conks/Mushrooms ❑ Cracks ❑ Cut/Damaged roots ❑ Distance from trunk Cavity/Nest hole % circ. Depth Poor taper ❑ Root plate lifting ❑ Soil weakness ❑ Lean Corrected? Response growth Response growth Main concern(s) Main concern(s) Load on defect N/A ❑ Minor ❑ Moderate ❑ Significant ❑ Load on defect N/A ❑ Minor ❑ Moderate ❑ Significant ❑ Likelihood of failure Likelihood of failt- Improbable ❑ Possible El ProbaL J Imminent ❑ Improbable ❑ ble ❑ Probable ❑ Imminent ❑ Page I of 2 i Risk Categorization Likelihood v n v Failure & Impact Consequences E -0 Failure Impact c U E (from Matrix 1) r r rating 'rZ Conditions Target x Y of part c 3 ffl-1-0--i Risk Tree art of concern c a, c c m (from c p LL. protection _ J _ = y Z vii Matrix 2) Cc,a y X X I6 c X y X 2 p 3 ~i tf~ L? y`am' 4 L -F 11 44T + I Matrix I. Likelihood matrix. Likelihood Likelihood of Impacting Target of Failure Very low Low Medium High Imminent Unlikely Somewhat likely Likely Very likely Probable Unlikely Unlikely Somewhat likely Likely Possible Unlikely Unlikely Unlikely Somewhat likely Improbable Unlikely Unlikely Unlikely Unlikely Motrix2. Risk rating matrix. Likelihood of Consequences of Failure Failure & Impact Negligible Minor Significant Severe Very likely Low Moderate High Extreme i Likely Low Moderate High High North Somewhat likely Low Low Moderate Moderate Unlikely Low Low Low Low Notes, explanations, descriptions U Mitigation options Residual risk Residual risk Residual risk Residual risk Overall tree risk rating Low ❑ Moderate High Extreme ❑ Work priority 10 2 ❑ 3 4 ❑ Over:~Fi sidual risk Low ❑ Moderate ❑ High C~ Extreme ❑ Recommended inspection interval Data nal ❑Preliminary Advanced assessment needed ❑No ❑Yes-Type/Reason Inspection limitations ❑None ❑Visibility ❑Access ❑Vines ❑Root collar buried Describe This datasheet was produced by the International Society of Arboriculture (ISA) - 2013 Page 2 of 2 4-0 (-Af kc~ dA- i To Whom This Concerns, It has been requested of me by the Land Owners of both 624 and 640 A Street, Kevin Casey, and Cheryl and Jim Lewis, to Conduct a full Removal of 4 Black Cottonwood (Populus trichocarpa) trees situated between their properties. I provided an inspection and risk assessment of the trees before submitting both an extended long term maintenance plan, as well as an estimate for complete removal at their request. Though the trees are healthy, showing no visible signs of decay, a quarter their average life span of 200 years, and 2/3 their average height of 120-150 ft, Black Cottonwoods are not well suited for close proximity to structures within the urban environment. They are fast growing trees that consume and hold lot of water in their bodies, becoming very heavy, and often become overextend which compromises their structural integrity, in which limbs, and/or tops unexpectedly break and commonly fall to the ground. This has happened already this summer. Causing damage to the roof of the building at 624 A St., as well as reportedly almost injuring an employee. With my best professional training and knowledge about the species of the subject trees, I consider removal to be the better course of action for the wellbeing of the residents, employees, pedestrians and surrounding structures. Sincerely, Nathanial Stuart Cert. Arborist Canopy Conscious LLC CCB# 203470 ISA# PN-6687A c l , (PO E i ~ , j 5 ~ n i to October 14, 2015 Dear members of the Ashland Tree Commission, I My name is Kevin Casey and I am the owner of the property at 624 A Street. I have owned and worked in the building at this location for over 10 years. My staff and I have always enjoyed the beauty and majesty of the cottonwoods on the east side of the property. Last year we had an incident where a large tree limb fell on the car of one of my employees just minutes before she was leaving for the day. The car was repaired and we were all very grateful that no one was injured. In August of this year, another of my staff members was resting in the sun on the grass under the trees when she heard an odd cracking sound above her. Thankfully, she was able to scramble to safety just ahead of a limb crashing down on the roof of the building, with branches extending to the very area where she had been lying. Again we were grateful that she was not harmed. This second incident really got our attention and after much deliberation we decided it would be best to remove the trees. This decision comes with much sadness, as the trees will be greatly missed. We are planning a ceremony ahead of their removal (pending approval) and are exploring options of how some of the wood may be used to honor their memory. It has come to our attention that Native Americans used Black cottonwood to build canoes. We are looking into the possibility of using one of the trunks for this purpose. In addition to planting a suitable replacement tree on the property, we also intend to support the planting of some Black Cottonwood trees in an area outside the city, in a location with ample water and conditions where the trees would be likely to thrive. Thank you for your consideration in this matter. Sincerely, Kevin Casey 624 A Street Ashland, OR 97520 , i (541) 324-3497 - Try r Removal ntr t i This CONTRACT is made between Canopy Conscious LLC., hereinafter called "Contractor", and CLIENT, hereinafter called "Client". The Contractor, in consideration of the sums to be paid and other covenants herein contained, agrees to perform and complete the work, and agrees to furnish all necessary machinery,, equipment, supplies, materials and labor. All work is to be completed in a workman like manner according to current standards of practices set forth by the ordinances of the City of Ashland, the State of Oregon and the International Society of Arboriculture. Any alteration of deviation from the specifications or attachments involving extra costs will be communicated with the Client, or the Client's appointed representative, beforehand. It is expressly understood that this contract will be governed by the laws of the State of Or(Af()Jo and the City of Ashland. Contractor shall comply with ORS 656.017, which requires all employers to provide worker compensation coverage for subject workers. Contractor shall provide Client with certificates of general liability and automobile insurance upon request. Contractor agrees to protect, indemnify, and hold harmless the Client against any and all loss, claims or suits for or on account of injury or death of person, damage to, or destruction of property belonging t® the Client occurring by reason of the act of, or neglect of the Contractor in connection with the performance of this contract. In consideration of the faithful performance of all obligations herein set out, and in consideration of the faithful performance of this contract, the Client agrees to pay the Contractor the amount of full contract value upon completion, within ten (10) working days of invoice date. r In witness whereof, the undersigned hereby authorize this contract. CONTRACTOR Canopy Conscious LLC °_9 M, s . unchori ity,, ` BY: Nathanial Stuart 3. TITLE: Owner/Arborist/Project Manager SIGNATURE: ~ l r< 1 DATE: CLIENT NAME: ADDRESS: CITY: DATE: CLIENT'S REPRESENTATIVE (if appointed): SIGNATURE: PHONE: SIGNATURE: DATE: CLIENT E NAME: C f- L Lew ADDRESS:- ~J() CITY: ,k ,e)k P fL~ , ® r- q 1 5- DATE: 10 / I 116, CLIENT'S REPRESENTATIVE (if appointed): SIGNATURE: PHONEyI Page 1 of 1 Y Ai - r' -war 11t y; 3! ZO F ' I yl https://attachments.postoffice.net/tpl/Attachment/623NVNVMT/X?Q=196TJBXsm l 840M0102&0=43 10/2/2015 Page 1 of 1 1 I k~~,~' bye s f~'~ 6 a 1 i E t~ h R ~ r r i 2 r w I =Vu f y~ 4 "I,-~ 4 https://attachments.postoffice.net/tpl/Attachment/623NVNVMT/X?Q=i 96TJBXsm1840M0102&0=58... 10/2/2015 Page 1 of 1 yT~ ~'•t S r' t p ~~ZE x d, f4 e }~~d ~ gam, , ~ lye YY ~,3 ~ 'Y.~ ~~ur~,.,~.' n•,~C~P'" _ _ ~ •`"_~4i':r 1 R` 0 Y- tp- I ; r r .r p al~ ~ a „ 7 4 w r~ ! r' t r _a b https://attachments.postoffice.net/tpl/Attachment/623NVNVMT/X?Q=226TJBXXe6832M0222&0=3 0... 10/2/2015 1 ~P Planning Division ZONING IT APPLICATION 51 Winburn Way, Ashland OR 97520 Y Q 541-488-5305 Fax 541-488-6006 FILE ~45IE-I€ LA ZV U DESCRIPTION OF PROJECT u V 65V) G (')J j 'r DESCRIPTION OF PROPERTY Pursuing LEEDO Certification? ❑ YES ❑ NO Street Address 1 y if (f )t Assessor's Map No. 39 1 E Tax Lot(s) I Zoning Comp Plan Designation APPLICANT Name A0) ~'~I~a~~1 Cpl) Phone ~ ° ~q-l "adMail .0.5c(~)o~ Address city Ul I zip q-_, ib PROPERTY OWNER n Name Phone , Lj t'_gU__q l Address -t-1 U City Zip ..~7Ic SURVEYOR ENGINEER ARCHITECT ANDSCAPE ARCHITECT OTHER Title Name C 1 Phone ' Mail If1 c &)~(f i 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. /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 thy; ;f being required to be r3ovid at my expense. If l have an doubts, /a 7 advised to seek competent professional advice and assistance. Applicants Signature Date As owne f--the property involved l this request, I have read and understood the complete application and its consequences to me as a property owner. 4 Property Owner's Sign attlre~required) _ Date [To be completed by City Staff s Date Received Zoning Permit Type Filing Fee $ OVER W GAcomm-dev\planning\Fonns & Haudouts\Zoning Permit Application.doc ZONING PERMIT APPLICATION Planning Division 51 Winburn Way, Ashland OR 97520 C I T Y Of 541-488-5305 Fax 541-488-6006 FILE # -ASHLAND DESCRIPTION OF PROJECT DESCRIPTION OF PROPERTY Pursuing LEEDO Certification? ❑ YES [ 1 NO Street Address " Assessor's Map No. 39 1 E Tax Lot(s) Zoning I Comp Plan Designation t' APPLICANT i Name Phone E-Mail Address r I It " City Zip PROPERTY OWNER Name Phone 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. /understand that all property pins must be shown on the drawings and visible upon the site inspection. In the event the pins are not shown or their location found to be incorrect, the owner assumes full responsibility. 1 further understand that if this request is subsequently contested, the burden will be on me to establish: 1) that I produced sufficient factual evidence at the hearing to support this request; 2) that the findings of fact furnished justifies the granting of the request 3) that the findings of fact furnished by me are adequate; and further 4) that all structures or improvements are properly located on the ground. Failure in this regard will result most likely in not only the request being set aside, but also possibly in my structures being built in reliance thereon being required to be removed at my expense. If/ have any doubts, l am advised to seek competent professional advice and assistance. j Applicant's Signature Date As owner of the property involved in this request, 1 have read and understood the complete application and its consequences to me as a property owner. ~i i• Property Owners Signature (required) Date g fro be completed by City Staff)) Date Received Zoning Permit Type Filing Fee OVER N G:\comm-dev\planning\Fonns & Handouts\Zoning Pemut Applicatiomdoc Job Address: 624 A ST Contractor: ASHLAND OR 97520 Address: C A Owner's Name: BANYAN DEPOT LLC ~ Phone: Customer 08537 N State Lic No: L CHERYL/JAMES LEWIS T City Lic No: Applicant: 640 A ST R Address: ASHLAND OR 97520 A Sub-Contractor: Phone: 941-5605 A (541) T Address: N Applied: 10/16/2015 T Issued: Expires: 04/13/2016 R Phone: State Lic No: Maplot: 391 E09AB4900 City Lic No: DESCRIPTION: Tree removal at 624 and 640 A' Street. 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 ,~Xsw wL 1% NY