HomeMy WebLinkAboutSecondN_125_PA-2016-00322
CITY
May 2, 2016
Notice of Final Decision
On April 29, 2016, the Community Development Director approved the request for the following:
Planning Action: PA-2016-00322
Subject Property: 125 N. Second
Owner/Applicant: Schultz & Associates Inc./Carrie Mertzlufft
Description: A request to remove a black locust tree at the subject property. The tree is
approximately 58 feet tall and 24 inches in diameter at breast height. The tree is located approximately three
feet of the asphalt parking lot to the west and two feet from the sidewalk to the north. The arborist notes that
the tree has major structural issues due to included bark throughout the entire crown. In addition, the tree has
been losing limbs frequently and is located in a high traffic area for both vehicles and pedestrians.
COMPREHENSIVE PLAN DESIGNATION: Commercial; ZONING: C-1; ASSESSOR'S MAP: 39 1E
09BA; TAX LOT: 9700.
The Community Development Director's decision becomes final and is effective on the 12'x' 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: 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 L
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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:
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: 541-488-5305
51 Winburn Way Fax: 541-552-2050
Ashland, Oregon 97520 TTY: 800-735-2900 1
> w%.ashland.or.us L ~ -
ASHLAND PLANNING DIVISION
FINDINGS & ORDERS
PLANNING ACTION: PA-2016-00322
SUBJECT PROPERTY: 125 North Second Street
OWNER/APPLICANT: Schultz & Associates Inc.
DESCRIPTION: A request to remove a black locust tree at the subject property. The tree is
approximately 58 feet tall and 24 inches in diameter at breast height. The tree is located approximately
three feet from the asphalt parking lot to the west and two feet from the sidewalk to the north.
COMPREHENSIVE PLAN DESIGNATION: Commercial; ZONING: C-1; ASSESSOR'S MAP:
39 lE 09BA; TAX LOT: 9700.
SUBMITTAL DATE: February 22, 2016
DEEMED COMPLETE DATE: March 25, 2016
STAFF DECISION DATE: April 29, 2016
FINAL DECISION DATE: May 11, 2016
EXPIRATION DATE: November 11, 2017
DECISION
The Staff Advisor finds that the burden of proof to support removal of the tree has not been presented,
and, therefore, the request for tree removal, Planning Action #2016-00322, is denied. The subject parcel
is located on the west side of North Second Street between the intersections with B Street and C Street.
There is only one structure located on the property, with an address of 125 North Second Street. The
subject property is zoned C-1 and surrounding properties are zoned either C-1 or R-2 located across
North Second Street. This parcel is approximately 6,970 square feet.
The application is a request for a single tree removal. The subject tree is a large stature black, locust with
an approximate diameter at breast height (DBH) of 24 inches. The applicant is requesting to remove the
subject tree in order to mitigate potentially hazardous limb failure.
This application was reviewed by the Ashland Tree Commission during their regular meeting on April 7,
2016. The Tree Commission did not agree with the application that the tree is a hazard that could not be
mitigated through, "treatment, relocation, or pruning." After visiting the site, the Commission noted that
the tree was one of the largest in the area, seemed robust and healthy, and was established and used to
the existing paved environment. In addition, the Commissioners made specific recommendations as to
how the tree could be pruned and mitigation measures utilized to address any hazard without
necessitating its removal. There recommendations include using "dynamic cobra cables" which could be
used to hold the canopy together, and that the trunk could be drilled with a "ship auger" and bolted
together to support the two sections of the tree trunk. The tree would eventually grow to conceal the
supports.
The applicant's arborist report, provided with the application, notes that the primary reason for removal
is to mitigate any hazard to nearby vehicles and pedestrians from falling limbs due to included bark.
However, based on the Tree Commissions specific recommendation this hazard can be alleviated
through proper treatment. Taking the Tree Commission's recommendation into consideration, the
applications proposal to remove tree is in contrast to the approval criteria found in 18.5.7.040.B.1.
Specifically criterion "a" that states: "the applicant must demonstrate that the condition or location of
PA #2016-00322
125 North Second StreeVMMS
Page 1
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." A hazard tree is defined as, "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."
The Tree Commission stated they would recommend that the request to remove the tree be denied, and
that the applicant instead explore options including pruning, cabling of the canopy and/or bolting the
trunk together with the help of an arborist specializing in hazard mitigation. Staff informed the applicant
of the Tree Commission recommendation. The Staff Advisor finds that the burden of proof to support
removal of the tree has not been presented, and, therefore, the request for tree removal, Planning Action
42016-00322, is denied.
This decision is made without prejudice, which allows the applicant to submit a new tree removal
application if new or different information becomes available in the future.
The criteria for a Tree Removal approval are described in AMC Chapter 18.5.7.040.B.2, as follows:
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
PA 42016-00322
125 North Second Street/MMS
Page 2
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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.
I
5. The City shall require the applicant to mitigate for the removal of each tree granted approval E
pursuant to section 18.5.7.050. Such mitigation requirements shall be a condition of approval
of the permit.
Bill oln , Director Date
De artm nt of Community Development
I
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PA #2016-00322
125 North Second Street/MMS
Page 3
AFFIDAVIT OF MAILING
s
STATE OF OREGON )
County of Jackson )
The undersigned being first duly sworn states that:
1. I am employed by the City of Ashland, 20 East Main Street, Ashland,
Oregon 97520, in the Community Development Department.
2. On May 2, 2016 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 #2016-00322, 125 N Second.
,tt
Signature of Employee
Dooument6 4/29/2016
PA-2016-00322 391 E09BA 9000 PA-2016-00322 391 E09BD 3900 PA-2016-00322 391 E09BA 9200
ALLEN DAVID S TRUSTEE ASHLAND LODGE #944/13 P 0 E ASHLAND VILLAGE COTTAGES INC
1565 WOODLAND DR P 0 BOX 569 18 CROCKER ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2016-00322 391 E09BA 9600 PA-2016-00322 391 E09BA 9800 PA-2016-00322 391 E09BA 9400
BROWN WILLARD L TRUSTEE ET AL CORNITIUS LLC FINNEY ERIC/ERIN
630 LEONARD ST 1355 CORA LN 159 N SECOND ST
ASHLAND, OR 97520 AUBURN, CA 95603 ASHLAND, OR 97520
PA-2016-00322 391 E09BA 6100 PA-2016-00322 391 E09BA 9300, PA-2016-00322 391 E0913A 10100
FIRST CHRISTIAN CH/ASHLAND FIRST CHRISTIAN CHURCH EINSTAD FIRST PLACE PARTNERS LLC
318 B BARBARA (TREAS) 815 ALDER CREEK DR
ASHLAND, OR 97520 207 VISTA ST MEDFORD, OR 97504
ASHLAND, OR 97520
PA-2016-00322 391 E09BA 9100 PA-2016-00322 391 E09BA 6200 PA-2016-00322 391 E09BA 9500
FOUNTAIN STACY ET AL C/O RICHARD HARRELL BRUCE C/O US BANK AS JORDAN CLAUDINE 09
DICKENSON TRUSTEE .153 N ,SECOND ST
349 N CALLE DE LAS PROFETAS PO BOX 64142 ASHLAND, OR 97520
GREEN VALLEY, AZ 85614 ST PAUL, MN 55164
PA-2016-00322 391 E09BA 10301 PA-2016-00322 391 E09BA 5800 PA-2016-00322 391 E09BA 5600
KENNEDY KATHERINE M TRUSTEE ET
AL LOCKLIN KIMBERLYNN PELTON GUEST HOUSE LLC
132 GREENWAY CIR 521 SCHOFIELD ST 228 B ST
MEDFORD, OR 97504 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2016-00322 391 E09BD 1801 PA-2016-00322 391 E09BA 9700 PA-2016-00322 391 E09BA 8900
RANDOLPH HAYS LLC SCHULTZ & ASSOCIATES INC SECOND SPRING PROPERTY LLC
P 0 BOX 1220 PO BOX 863 ROOD DUDLEY
MEDFORD, OR 97501 ASHLAND, OR 97520 108 SECOND ST
ASHLAND, OR 97520
PA-2016-00322 391 E09BD 3800 PA-2016-00322 391 E09BA 9900 PA-2016-00322 391 E09BA 5700
TRINITY PARISH/ASHLAND UNITED STATES POSTAL SERV VAN HEUIT KATHLEEN R
44 N SECOND ST 8055 E TUFTS AVE 400 PO BOX 94
ASHLAND, OR 97520 DENVER, CO 80237 NAHCOTTA, WA 98637
PA-2016-00322 PA-2016-00322 125 N Second
CARRIE MERTZLUFFT MICHAEL A BARTLETT NOD 5/2/16
125 N SECOND 2288 OLD STAGE RD 23
ASHLAND, OR 97520 MEDFORD, OR 97502
i
Mark Schemayder
From: Mark Schexnayder
Sent: Friday, April 22, 2016 3:37 PM
To: 'schultzinc@mind.net'
Subject: RE: Tree Removal Permit
Hey Carrie,
I wanted to let you know that I will be working on findings for the Tree Removal Permit Application this week. After
further review of the Ashland Tree Commission Recommendation and discussion with the Staff Advisor, the application
will likely be denied without prejudice. Let me know if you would like to withdraw the application or have any questions
regarding the application. C
All the best,
Mark Schexnayder, Assistant Planner
City of Ashland, Community Development Department
20 E. Main St., Ashland, OR 97520
541.488.5305 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 meat 541.552.2044. Thank you.
From: Mark Schexnayder
Sent: Monday, April 11, 2016 2:45 PM
To: 'schultzinc@mind.net'
Cc: April Lucas
Subject: RE: Tree Removal Permit
Hello Carrie,
Your application was reviewed last week at the Ashland Tree Commission Meeting. The Ashland Tree Commission
recommended denial of the application based on the fact that it did not meet the criteria for a hazard tree removal.
More specifically, I think that the commission was in agreement that the hazard could be alleviated through "treatment,
relocation, or pruning."
I have attached to this E-mail a copy of the tree commission recommendation. Please review and let me know if you
have questions.
At this time the Planning Director is still reviewing the application.
P.S. In the past, when an application is recommended for denial by a recommending commission, the Director has often
deferred a final decision to a public hearing before the Ashland Planning Commission.
All the best,
Mark Schexnayder, Assistant Planner
City of Ashland, Community Development Department
20 E. Main St., Ashland, OR 97520
1
541.488.5305 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 541.552.2044. Thank you.
From: April Lucas
Sent: Monday, April 11, 2016 11:01 AM
To: Mark Schexnayder
Subject: FW: Tree Removal Permit
Hi Mark,
Can you reply to the applicant about the status of their tree removal permit? Thanks,
April Lucas, Administrative Supervisor
City of Ashland, Community Development Department
51 Winburn Way, Ashland, OR 97520
Phone: (541) 552-2041, TTY (800) 735-2900
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 (541) 552-2041. Thank you.
From: Schultz & Associates [mailto:schultzinc mind.net]
Sent: Monday, April 11, 2016 10:56 AM
To: April Lucas
Subject: Re: Tree Removal Permit
April,
Good morning. I am just checking in on the status of our potential tree removal at 125 N Second St. When
should we expect to be notified assuming it was discussed in the meeting last week?
Thanks,
Carrie
Carrie Mertzlufft
Assistant to:
Richard Schultz
Schultz & Associates, Inc.
PO Box 863
Ashland, OR 97520
541-482-5170
From: April Lucas
Sent: Monday, February 22, 2016 11:42 AM
To. Schultz Associates
Cc: Mark Schexnayder
Subject: RE: Tree Removal Permit
Carrie,
Thank you for submitting the completed application. As my original email indicated, the City cannot begin processing
applications until we have received all of the required materials. Now that we have your complete application we can
log your request into our system and begin the review process. I do not know if there is sufficient time to review and
notice this application in time for the March Tree Commission, but I did speak with Mark and he indicated they will try
their best.
z
c:
1
April Lucas, Administrative Supervisor
City of Ashland, Community Development Department
51 Winburn Way, Ashland, OR 97520
Phone: (541) 552-2041, TTY (800) 735-2900
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 (541) 552-2041. Thank you.
From: Schultz & Associates [mailto:schultzinc@mind.net]
Sent: Monday, February 22, 2016 11:00 AM
To: April Lucas
Subject: Tree Removal Permit
April,
I spoke with Mark in Community Development.
It was my understanding that once I submitted the tax lot, map site plan (location of tree and map), arborist
report, letter with reason tree should be removed, and the $28 fee that our situation would be reviewed by
the tree commission at the 1st Thursday monthly meeting.,
I have attached a copy of the signed Zoning Permit Application and have put the original in the mail to your
attention.
If I am mistaken or need to take further action please let me know asap.
Thank you,
Carrie
Carrie Mertzlufft
Assistant to:
Richard Schultz
Schultz & Associates, Inc.
PO Box 863
Ashland, OR 97520
541-482-5170
From: April Lucas
Sent: Monday, February 22, 2016 9:16 AM
To: Schultz & Associates
Subject: RE: TreeRemoval Permit
Hi Carrie,
Thanks for getting back to me so quickly. It appears there has been some confusion; who notified you that your
application package was complete? Have you already been in contact with one of the city planners?
April Lucas, Administrative Supervisor
City of Ashland, Community Development Department
51 Winburn Way, Ashland, OR 97520
Phone: (541) 552-2041, TTY (800) 735-2900
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 (541) 552-2041. Thank you.
From: Schultz & Associates [mailto:schultzinc@mind.net]
Sent: Monday, February 22, 2016 9:13 AM
To: April Lucas
Subject: Tree Removal Permit
3
r.
April,
We do wish to proceed. I was told that my package when submitted was complete and a permit was not
needed. Unfortunately the owner of the property has been out of town so I was unable to get his signature on
the permit you sent until today. I will get that completed permit to you tomorrow. In the meantime I hope we
are able to have our tree discussed at the upcoming meeting in March.
Thanks,
Carrie
Carrie Mertzlufft
Assistant to:
Richard Schultz
Schultz & Associates, Inc.
PO Box 863
Ashland, OR 97520
541-482-5170
From: April Luca
Sent: Monday, February 22, 2016 8:51 AM
To: schultzinc@mind.net
Subject: Tree Removal Permit I
Hello Carrie,
The Community Development Department requires a completed application before we can begin processing your tree
removal permit. Could you please respond to this email and let me know if you still wish to proceed? If I don't hear back
from you by later this week I will return your submittal documents and check via standard mail.
Thank you,
April Lucas, Administrative Supervisor
City of Ashland, Community Development Department
51 Winburn Way, Ashland, OR 97520
Phone: (541) 552-2041, TTY (800) 735-2900
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 (541) 552-2041. Thank you.
From: April Lucas
Sent: Wednesday, February 10, 2016 3:43 PM
To: 'schultzinc@mind.net'
Subject: Tree Removal Permit
f'
Hello Carrie,
We received your request to remove the tree at 125 N Second Street; however your submittal did not include the
required application form. Please complete the attached application and either deliver to the Community Development
Building or mail it to my attention. We can begin processing your request once we have all the required materials.
Thank you,
April Lucas, Administrative Supervisor
City of Ashland, Community Development Department
51 Winburn Way, Ashland, OR 97520
Phone: (541) 552-2041, TTY (800) 735-2900
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 (541) 552-2041. Thank you.
4
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ASHLAND TREE COMMISSION
PLANNING APPLICATION REVIEW
April 7, 2016
I,
PLANNING ACTION: PA-2016-00322
SUBJECT PROPERTY: 125 North Second Street
APPLICANT: Carrie Mertzlufft
OWNER: Schultz & Associates Inc.
DESCRIPTION: A request to remove a black locust tree at the
subject property. The tree is approximately 58 feet tall and 24 inches in diameter
at breast height. The tree is located approximately three feet of the asphalt parking
lot to the west and two feet from the sidewalk to the north. The arborist notes that
the tree has major structural issues due to included bark throughout the entire
crown. In addition, the tree has been losing limbs frequently and is located in a
high traffic area for both vehicles and pedestrians.
COMPREHENSIVE PLAN DESIGNATION: Commercial; ZONING: C-1;
ASSESSOR'S MAP: 39 lE 09BA; TAX LOT: 9700.
PLANNER: Mark TREE: YES HISTORIC: NO
Recommendations:
The Tree Commission reviewed the request at their regular meeting on April 7, 2016.
Tree Commissioners noted that they had visited the site, and that the tree was one of
the largest in the area, seemed robust and healthy, and was established and used to the
existing paved environment.
In the Commissioners' assessment, the tree could be pruned and remediation measures
utilized to address any hazard without necessitating its removal. Commissioners
specifically noted that "dynamic cobra cables" could be used to hold the canopy
together, and that the trunk could be drilled with a "ship auger" and bolted together to
support the two sections of the trunk, and that the tree would grow to conceal these
supports.
The Commission recommended that the request to remove the tree be denied, and that
the applicant instead explore options including pruning, cabling of the canopy and/or
bolting the trunk together with an arborist specializing in hazard mitigation.
Department of Community Development Tel: 541488-5350 CITY OF
51 an Way Fax: 541-552-2050 ASHLAND
Ashland, , Oregon 97520 TTY: 800-735-2900
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
i
NOTICE OF APPLICATION
PLANNING ACTION: PA-2016-00322
SUBJECT PROPERTY: 125 N. Second
OWNER/APPLICANT: Schultz & Associates Inc. /Carrie Mertzlufft
DESCRIPTION: A request to remove a black locust tree at the subject property. The tree is approximately 58 feet
tall and 24 inches in diameter at breast height, The tree is located approximately three feet of the asphalt parking lot
to the west and two feet from the sidewalk to the north, The arborist notes that the tree has major structural issues
due to included bark throughout the entire crown. In addition, the tree has been losing limbs frequently and is located
in a high traffic area for both vehicles and pedestrians. COMPREHENSIVE PLAN DESIGNATION: Commercial;
ZONING: C-1; ASSESSOR'S MAP: 391 E 09BA; TAX LOT: 9700.
NOTE: The Ashland Tree Commission will also review this Planning Action on Thursday, April 7, 2016 at 6:00 PM in the Community
Development and Engineering Services building (Siskiyou Room), located at 51 Winburn Way. [
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NOTICE OF COMPLETE APPLICATION: March 25, 2016
DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: April 8, 2016
I
SUBJECT PROPERTY
125 North Second Street'
PA-2018-00322
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The Ashland Planning Division Staff has received a complete application for the property noted above.
Any affected property owner or resident has a right to submit written comments to the City of Ashland Planning Division, 51 Winburn Way, Ashland, Oregon
97520 prior to 4:30 p.m. on the deadline date shown above.
Ashland Planning Division Staff determine if a Land Use application is complete within 30 days of submittal. Upon determination of completeness, a notice
is sent to surrounding properties within 200 feet of the property submitting application which allows for a 14 day comment period. After the comment period
and not more than 45 days from the application being deemed complete, the Planning Division Staff shall make a final decision on the application. A notice
of decision is mailed to the same properties within 5 days of decision. An appeal to the Planning Commission of the Planning Division Staff's decision must
be made in writing to the Ashland Planning Division within 12 days from the date of the mailing of final decision. (AMC 18.108.040)
The ordinance criteria applicable to this application are attached to this notice. Oregon law states that failure to raise an objection concerning this application,
by letter, or failure to provide sufficient specificity to afford the decision maker an opportunity to respond to the issue, precludes your right of appeal to the
Land Use Board of Appeals (LUBA) on that issue. Failure to specify which ordinance criterion the objection is based on also precludes your right of appeal
to LUBA on that criterion. Failure of the applicant to raise constitutional or other issues relating to proposed conditions of approval with sufficient specificity
to allow this Department to respond to the issue precludes an action for damages in circuit court.
A copy of the application, all documents and evidence relied upon by the applicant and applicable criteria are available for inspection at no cost and will be
provided at reasonable cost, if requested. All materials are available at the Ashland Planning Division, Community Development & Engineering Services
Building, 51 Winburn Way, Ashland, Oregon 97520.
If you have questions or comments concerning this request, please feel free to contact the Ashland Planning Division at 541-488-5305.
GAcomm-dev\planning\Planning Actions\Noticing PolderWailed Notices & Signs\2016\PA-2016-00322.docx
TREE REMOVAL PERMIT
18.5.7.040.8
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.
c
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.
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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.
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GAcomm-dev\planning\Planning Actions\Noticing FolderWailed Notices & Signs\2016\PA-2016-00322.docx
AFFIDAVIT OF MAILING
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STATE OF OREGON )
County of Jackson )
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The undersigned being first duly sworn states that:
1. 1 am employed by the City of Ashland, 20 East Main Street, Ashland,
Oregon 97520, in the Community Development Department.
2. On March 25, 2016 1 caused to be mailed, by regular mail, in a sealed
envelope with postage fully prepaid, a copy of the attached planning action notice to
each person listed on the attached mailing list at such addresses as set forth on this list
under each person's name for Planning Action #PA-2016-00322, 125 N. Second Street.
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Si ature of Employee
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G.lcomm-devlplanninglTemplaleslTEMPLATE_Affidavit of Mailing-Planning Acdon Nodce.dot 3/24/2016
PA-2016-00322 391 E09BA 9000 -A-2016-00322 391 E09BD 3900 A-2016-00322 391 E09BA 9200
ALLEN DAVID S TRUSTEE ASHLAND LODGE #944/B P 0 E ASHLAND VILLAGE COTTAGES INC
1565 WOODLAND DR P 0 BOX 569 18 CROCKER ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2016-00322 391 E09BA 9600 PA-2016-00322 391 E09BA 9800 PA-2016-00322 391 E09BA 9400 F
BROWN WILLARD L TRUSTEE ET AL j CORNITIUS LLC j FINNEY ERIC/ERIN
630 LEONARD ST 1355 CORA LN 159 N SECOND ST
ASHLAND, OR 97520 AUBURN, CA 95603 ASHLAND, OR 97520
PA-2016-00322 391 E09 BA 6100 i PA-2016-00322 391 E09BA 9300 PA-2016-00322 391 E09BA 10104
FIRST CHRISTIAN CH/ASHLAND FIRST CHRISTIAN CHURCH FIRST PLACE PARTNERS LLC
318 B 207 VISTA ST 815 ALDER CREEK DR
ASHLAND, OR 97520 ASHLAND, OR 97520 MEDFORD, OR 97504
I
PA-2016-00322 391 E09BA 9100 PA-2016-00322 391 E09BA 6200 PA-2016-00322 391 E09BA 9500
FOUNTAIN STACY ET AL HARRELL BRUCE JORDAN CLAUDINE W
349 N CALLE DE LAS PROFETAS PO BOX 64142 1 153 N SECOND ST
GREEN VALLEY, AZ 85614 ST PAUL, MN 55164 ASHLAND, OR 97520
i ~I II
PA-2016-00322 391 E09BA 10301 PA-2016-00322 391 E09BA 6000 PA-2016-00322 391 E09BA 5600
KENNEDY KATHERINE M TRUSTEE ET j LOCKLIN KIMBERLYNN FELTON GUEST HOUSE LLC
AL 521 SCHOFIELD ST 228 B ST
132 GREENWAY CIR ASHLAND, OR 97520 ASHLAND, OR 97520
MEDFORD, OR 97504
PA-2016-00322 391 E09BD 1801 ' PA-2016-00322 391 E09BA 9700 PA-2016-00322 391 E09BA 8900
RANDOLPH HAYS LLC SCHULTZ & ASSOCIATES INC SECOND SPRING PROPERTY LLC
P 0 BOX 1220 PO BOX 863 108 SECOND ST
MEDFORD, OR 97501 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2016-00322 391 E09BD 3800 PA-2016-00322 391 E09BA 10000 PA-2016-00322 391 E09BA 5700
TRINITY PARISH/ASHLAND UNITED STATES POSTAL SERV VAN HEUIT KATHLEEN R
44 N SECOND ST 8055 E TUFTS AVE 400 PO BOX 94
ASHLAND, OR 97520 DENVER, CO 80237 j NAHCOTTA, WA 98637
PA-2016-00322 PA-2016-00322 PA-2016-00322
RICHARD SCHULTZ MICHAEL BARTLETT 3/25/2016 NOC
125 N. SECOND 2288 OLD STAGE RD ; 12-3
ASHLAND, OR 97520 MEDFORD, OR 97502
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CHULTZ ASSOCIATES, INC.
P.O. BOX X63
ASHLAND, OREGON 97620
(641) 482-6170
To Whom It May Concern:
RE: 125 N Second St.
Map: 391E09BAO
Tax Lot: 9700
I am writing to request the removal of a Black Locust tree at the rear of my
property due to the fact that is has increasingly begun to lose limbs and its
location in proportion to structures, power lines, and automobiles is a safety
hazard. I have enclosed with this letter two color photos showing a large branch
that is currently hanging directly above a power line, an arborist report giving
more detailed information of the tree and its current condition as well as a map
showing the location of the property and the tree.
Should you have questions or need any further information please contact Carrie
Mertzlufft at 541-482-5170 or schultzinc@mind.net.
i
Thank you for your time.
Sincerely,
Carrie Mertzlufft
Assistant to:
Richard W Schultz
125 N. Second St.
Ashland, OR 97520
T:541-482-5170
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Richard Schultz Haz Tree Rprt. `'-)cx Page 1 of 4
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BARTLETT TREE SER VICE
Michael A. Bartlett
2288 Old Stage Rd.
Central Point, Or. 97502
(541) 779-6067
Certified Arborist Tree Report
Prepared For:
Richard Schultz
125 N. 2nd St.
Ashland, Or. 97520
By
Micheal A. Bartlett
Certified Arborist
PN 0984
Jan. 22, 2016
Jan. 22, 2016
Richard Schultz
125 N. 2nd St.
Ashland, Or. 97520
The tree of concern is a Black Locust (Robinia pseudoacacia) located on the north side
about:blank 1/26/2016
Richard Schultz Haz Tree Rprt: -)cx Page 2 of 4
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of 125 N. 2nd St., next to the asphalt parking lot. The Locust has a DBH of 24 inches. It
stands 58 foot tall with a 33 foot crown spread.
This tree has some major structural issues creating concern of tree or limb failure. There
is included bark where the main leaders originate and included bark throughout the
entire crown. Included bark is a structural deficiency where two branches/leaders have a
weak attachment point. The tree has also been loosing limbs frequently (mainly due to
the included bark).
The tree is situated in an area where many targets exist. It is within 15 feet of the
distribution power lines and within 5 foot of the service drops . There is another
business 15 feet to the west of the tree. The Locust is growing within 3 feet of the
asphalt parking lot to the north and 2 feet from the sidewalk to the east. The tree's
impact zone hovers over a high traffic area where pedestrian, cars and other vehicles are
active. Its roots are beginning to heave the asphalt and the concrete sidewalk, creating a
tripping hazard and hardscape damage.
Due to its location, structural deficiencies, invasive root system and the targets
involved, this Black Locust is a hazard and should be removed. Another tree more
conducive to this site should be planted to replace it.
Professionally,
Michael A. Bartlett
Certified Arborist PN0984
Bartlett Tree Service, LLC
541-779-6067
Robinia pseudoacacia (Black Locust)
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Included bark
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1.360 -
tinch = 30 feet ASHC.TY OF
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ZONING PERMIT APPLICATION
Planning Division
51 Winbun Way, Ashland OR 97520
C I T Y a F FILE
-ASHLAND 541-4EE-5305 Fax 541-4E8-6006
DESCRIPTION OF PROJECT
DESCRIPTION OF PROPERTY Pursuing LEED® Certification? 0 YES 0 NO
Street Address ~2 N ~G U N ~T'
Assessor's Map No, 391 E Tax Lot(s) q _7C)0
Zoning Comp Plan Designation E
APPLICANT
Name GAh 1 ~~-"(ZLt1 FCC Phone 2 , 51"70 E-Mail "✓GW~L~ZI NG N~ \~1~ . N~~C
Address Z5 N SF (Ot l O GT. CityA SH LNN P Zip 17 520
PROPERTY OWNER ' 1 I L
Name CN Pt~-I' {-IU LTZ Phone 2 . 5170 E-Mail 5 GNU L~[Z ~N L M IN 1~. ~-T
Address S~C0NV City s~SM►-PhKjD Zip g75ZD
SURVEYOR, ENGINEER, ARCHITECT, LANDSCAPE ARCHITECT, OTHER
Title Name M ~ ('11 Ar--L N 5N9-Tl f_~T Phone 5 C'~11-WOE-Mail
Address 2 Z `b 0 D . City Mf_:p F 0H) Zip X17 ~J U2-
Title Name Phone E-Mail
Address City Zip
/hereby ceniy that the statements and information contained in this application, including the enclosed drawings and the required findings of fact, are m 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 /produced suf'dent factual evidence at the hearing to support this request,
2) that the findings of fact furnishedjust1fles the granting of the request,
3) that the findings of fact furnished byme are adequate,, and further
9) that all structures orimprovements 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 Apense. Ifl have any doubts, l am advised to seek competent professional advice and assistance.
~ x'1..2• wIlo
Applicant's Signature Date
As owner of the involved in this toque i have read and understood the complete application and its consequences tome as a property
owner. >
2-P 1-e
roperty Owner's Sig Lure (req d) Date
[To N complatad by qty StafQ
Date Received Zoning Permit Type Filing Fee $
OVER 0
GAcomm-dev\plamn ng\Fo= & IlmdoutsVoning Pemut AppficaGomdoc
Job Address: 125 SECOND ST N Contractor:
ASHLAND OR 97520 Address:
C
A Owner's Name: SCHULTZ & ASSOCIATES INC O Phone:
P Customer 08720 N State Lic No:
L T` City Lic No:
P SCHULTZ & ASSOCIATES INC
Applicant: PO BOX 863 R
I Address: ASHLAND OR 97520 A
C C Sub-Contractor:
A Phone: (541) 482-5170 T Address:
N Applied: 02/22/2016 O
T Issued: R
Expires: 08/20/2016 Phone:
State Lic No:
Maplot: 391 E09BA9700 City Lic No:
DESCRIPTION: Tree Removal - Black Locust
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 F
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I hereby certify the contents of this application to be correct to the
best of my knowledge, and furthermore, that I have read, Fee Summary Paid Amounts
understood and agreed to the following:
Building: $ 0.00 $ 0.00
1. This permit shall remain valid only in accordance with code State Surcharge: $ 0.00 $ 0.00
or regulation provisions relating to time lapse and revocation Development Fees: $ 0.00 $ 0.00
(180 days).
2. Work shall not proceed past approved inspection stage. All Systems Development Charges: $ 0.00 $ 0.00
required inspections shall be called for 24 hours in advance. Utility Connection Fees: $ 0.00 $ 0.00
3. Any modifications in plans or work shall be reported in
advance to the department. Public Works Fees: $ 0.00 $ 0.00
4. Responsibility for complying with all applicable federal, state, Planning Fees: $ 28.00 $ 28.00
or local laws, ordinances, or regulations rests solely with the
applicant. Sub-Total: $ 28.00
Fees Paid: $ 28.00;
Applicant Date Total Amount Due: $ 0
COMMUNITY DEVELOPMENT Tel: 541-488-5305
20 East Main St. Fax: 541-488-5311
Ashland, OR 97520 TTY: 800-735-2900
www.ashland.onus
Inspection Request Line: 541-552-2080 CITY F