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HomeMy WebLinkAboutMountainS_763_PA-2016-02411 } CITY -ASHU March 9, 2016 Notice of Final Decision On March 9, 2016, the Community Development Director approved the request for the following: Planning Action: PA-2015-02411 Subject Property: 763 South Mountain Avenue I Applicant/Owner: Heartwood Tree Service/Ray Kistler Description: A request to remove nine Ponderosa Pine trees fi-om the property located at 763 South Mountain Avenue. The trees were previously identified to be preserved and protected as part of the Mountain Pines Subdivision (PA #2004-00105) but have now been determined to be dying from pine beetle infestation by the applicant's tree care professional. COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-1-10; ASSESSOR'S MAP: 39 lE 16AD; TAX LOT: #3404 The Community Development Director's decision becomes final and is effective on the 121' 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 Derek Severson in the Community Development Department at (541) 488-5305. i cc: Parties of record and property owners within 200 ft COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541488-5305 51 Winburn Way Fax: 541-552-2050 \ 1 Ashland, Oregon 97520 TTY: 800-735-2900 ` ~r mmashland.or.m r 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 F 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. Tinze 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 ofNotice ofAppeal. 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 c adopted and signed decision. Appeals of Commission decisions must be filed with the State Land Use Board of E Appeals, pursuant to ORS 197.805 - 197.860. i COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541-488-5305 51 Winburn Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.or.us \ ASHLAND PLANNING DIVISION FINDINGS & ORDERS PLANNING ACTION: PA-2015-02411 i SUBJECT PROPERTY: 763 South Mountain Avenue APPLICANTS: Heartwood Tree Service OWNERS: Ray Kistler DESCRIPTION: A request to remove nine Ponderosa Pine trees from the property located at 763 South Mountain Avenue. The trees were previously identified to be preserved and protected as part of the Mountain Pines Subdivision (PA #2004-00105) but have now been determined to be dying from pine beetle infestation by the applicant's tree care professional. COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-1-10; ASSESSOR'S MAP: 39 lE 16AD; TAX LOT: #3404 SUBMITTAL DATE: December 29, 2015 DEEMED COMPLETE DATE: January 28, 2016 STAFF APPROVAL DATE: March 9, 2016 DEADLINE TO APPEAL (4:30 p.m.): March 21, 2016 FINAL DECISION DATE: March 22, 2016 APPROVAL EXPIRATION DATE: March 22, 2017 DECISION The application is a request to remove nine Ponderosa Pine trees from the property located at 763 South Mountain Avenue. The trees were previously identified to be preserved and protected as part of the Mountain Pines Subdivision (PA #2004-00105) but have now been determined to be dying from pine beetle infestation by the applicant's tree care professional. The site is at located just south of the terminus of Prospect Street, west of its intersection with South Mountain Avenue, and is designated as Lot #3 of the Mountain Pines Subdivision. The lot is roughly square, approximately 0.23 acres in area, and has slopes of approximately 20 percent down to the north toward Prospect Street. The site contains an approximately 2,594 square foot one-story home with basement constructed in 2013. The site received subdivision approval as the Mountain Pines Subdivision in 2004 (PA #2004- 00105) to create seven lots. This approval included requirements that trees on the property be preserved and maintained in perpetuity in accordance with the Tree Protection and Removal Plan prepared by Galbraith & Associates, Inc., and there were conditions that the Tree Protection Plan and accompanying standards be included in the subdivision CC&R's; that tree protection measures and the identification of trees to be removed be site-verified by staff prior to site work; and that grading plans be included with each building permit and grading strictly limited to minimize impacts on the site's trees. The application now requests to remove nine ponderosa pine trees from the subject property, noting that the trees are dying of a pine beetle infestation and are exhibiting 50 percent or more of brown needles in solid masses from the tops of the trees down. The project's tree care professional Camp Kaye of Heartwood Tree Service explains that the trees will finish browning as the weather warms, and goes on to add that while this situation can sometimes be remedied by topping the trees, fin this instance the infestation has spread into the lower boles and as such in PA #2015-02411 763 South Mountain Avenue/dds Page 1 i his estimation the trees will not survive. In discussing the likely cause of this situation, Mr. Kaye notes that while there is no sign that the root zones of these trees were directly impacted by the recent construction of homes with the subdivision, the construction of homes and the associated access drive could nonetheless have had some negative impact on the groundwater. Mr. Kaye also notes that there have been rumors that changes were made to repair leaks from the Talent Irrigation District (TID) line uphill of the trees within the last five years, and he believes that this may have further impacted the groundwater situation. He suggests with the continued stress of drought on native trees, any added stress such as this could trip the trees into a degenerative state leading to an inability to repel beetle attacks. He emphasizes that fully healthy trees are rarely killed by beetles, and that prior stressors are usually the cause enabling an infestation. Mr. Kaye emphasizes that the trees are dying and in doing so becoming a hazard to the home on the subject property. As the upper two thirds of the wood has become brown, the wood will begin to weaken and will begin dropping limbs and eventually pieces of the trunk from the top down. He suggests that the trees are declining rapidly, and that there is no way to remedy the hazard posed short of removal of the trees. The Ashland Tree Commission reviewed this request at their regular meeting on February 4, 2016. The Commission expressed concern with the hazard created, and the potential for beetles to spread killing other trees and adding to fire danger in the area. The Commission recommended approval of the request, with the following additional recommendations: 1) The replacement trees used for mitigation should not be Ponderosa Pines; the Commission would recommend that the applicant consider mitigating with incense cedar or some type of hardwood specimen. The Commission strongly recommends careful irrigation of the remaining trees and the proposed mitigation trees to at least a depth of 18-inches, that the trees be well-mulched, and that no cuts be made for the immediate future to avoid the spread of the beetle infestation; 2) The Commission recommends that the applicant notify neighboring property owners of the beetle infestation and the need for prompt attention to avoid the beetles' spreading; 3) The Commission recommends that given the hillside context that stumps not be deeply ground when removed. In staff's assessment, the application has demonstrated that the condition and location of the trees poses a safety hazard in that there is a foreseeable danger of property damage to an existing structure as the trees condition declines further, and this hazard cannot reasonably be alleviated by any treatment other than removal of the trees. The applicant has included a proposed mitigation plan that would plant nine new clusters of six- foot tall sequoia, ponderosa and cedar trees to mitigate the removals proposed. Given the Tree Commission recommendations, staff believes that ponderosa pine are not appropriate mitigation trees and have accordingly recommended that the ponderosa pines proposed for mitigation be replaced with additional incense cedar or an alternate hardwood specimen. The criteria for Tree Removal Permit approval are described in AMC section 18.5.7.040.1 as follows: 1. Hazard Tree. A Hazard Tree Removal Permit shall be granted if the approval authority finds that PA #2015-02411 763 South Mountain Avenue/dds Page 2 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 18.5.7050. Such mitigation requirements shall be a condition of approval of the permit. Planning Action #2015-02411 is a request to remove nine Ponderosa Pine trees from the property located at 763 South Mountain Avenue. The trees were previously identified to be preserved and protected as part of the Mountain Pines Subdivision (PA #2004-00105) but have now been determined to be dying from pine beetle infestation by the applicant's tree care professional. The application with the attached conditions below complies with all applicable City ordinances for a tree removal permit to remove hazard trees. Planning Action #2015-02411 is therefore approved to allow the removal of the nine ponderosa pine trees. Further, if any one or more of the following conditions are found to be invalid for any reason whatsoever, then Planning Action #2015-02411 is denied. The following are the conditions and they are attached to the approval: PA #2015-02411 763 South Mountain Avenue/dds Page 3 1. That all proposals of the applicant shall be conditions of approval unless otherwise specifically modified herein. 2. That the recommendations of the Tree Commission from their February 4, 2016 meeting shall be conditions of approval where consistent with the applicable standards and with final approval by the Staff Advisor including but not limited to the following: a) The replacement trees used for mitigation should not be Ponderosa Pines; the Commission would recommend that the applicant consider mitigating with incense cedar or some type of hardwood specimen. The Commission strongly recommends careful irrigation of the remaining trees and the proposed mitigation trees to at least a depth of 18-inches, that the trees be well-mulched, and that no cuts be made for the immediate future to avoid the spread of the beetle infestation; b) The Commission recommends that the applicant notify neighboring property owners of the beetle infestation and the need for prompt attention to avoid the beetles' spreading; c) The Commission recommends that given the hillside context that stumps not be deeply ground when removed. 3. That a Verification Permit shall be applied for and approved by the Ashland Planning Division prior to the proposed tree removals. The Verification Permit is to inspect the identification of the trees to be removed. The trees to be removed shall be tagged by number and identified for removal with tape, inspected, and approved by the Staff Advisor prior to their removal. 4. That the trees removed shall be mitigated as proposed by the applicants, however Ponderosa Pines shall not be used as mitigation plantings and the plantings should instead f-- it e Sequoias, Cedars and some type of hardwood specimen. J~ March 9 2016 Bill Molnar, Director Date apartment of Community Development I PA #2015-02411 763 South Mountain Avenue/dds Page 4 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 March 9, 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-2015-02411, 763 S. Mountain Ave. k~w Sig ure of Employee Document3 3/9/2016 I PA-2015-02411 391 E16AA 2400 rA-2015-02411 391 E16AD 3402 rA-2015-02411 391 E16AD 4099 BERGSTROM A T/PENNY AUSTIN CLEGG LYNN/GEORGETTE B CLOER HAROLD A ET AL 760 GLENWOOD DR . ! 1 755 S MOUNTAIN AVE ! 815 CREEK STONE WAY ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2015-02411 391 E16AD 3900 PA-2015-02411 391 E16AD 3405 i PA-2015-02411 391 E16AD 4000 D'OLIVO MARK DONOVAN MICHAEL J/CARRISMA GENERAL PROPERTY GROUP LLC 804 BEACH ST 767 S MOUNTAIN AVE ; PO BOX 8158 ASHLAND, OR 97520 i ASHLAND, OR 97520 I MEDFORD, OR 97501 PA-2015-02411 PA-2015-02411 391 E16AD 3404 PA-2015-02411 391 E16AD 3200 HEARTWOOD TREE SERVICE I KISTLER RAY LITTLE JOHN D TRUSTEE ET AL PO BOX 1173 763 S MOUNTAIN AVE 807 S MOUNTAIN AVE j ASHLAND, OR 97520 ASHLAND, OR 97520 j ASHLAND, OR 97520 I PA-2015-02411 391 E16AD 3904 ( PA-2015-02411 391 E16AD 3800 PA-2015-02411 391 E16AA 2402 MASLOW JENNIFER MILLER MERRILY D NORMAN GORDON A ET AL 2200 OLD SISKIYOU HWY 99 S 800 BEACH ST 1043 PROSPECT ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 I i PA-2015-02411 391 E16AA 2304 I PA-2015-02411 391 E16AD 3700 PA-2015-02411 391 E16AA 2301 OLIVER HENRY TRUSTEE III ET AL PHELPS PATRICK B TRUSTEE ET AL PHILLIPS PHILIP/KATHERINE 2305C ASHLAND ST 512 2638 SAKLAN INDIAN DR APT 1 1063 PROSPECT ST ASHLAND, OR 97520 WALNUT CREEK, CA 94595 ASHLAND, OR 97520 PA-2015-02411 391 E16AD 3400 PA-2015-02411 391 E16AD 3406 `PA-2015-02411 391 E16AA 2302 PHOENIX JOY L ROBERTS ANTOINETTE M IRA ET AL I ROSE-SIMMONS DOREEN K 8987 E TANQUE VERDE RD I PO BOX 451159 ! PO BOX 1505 STE 309-381 WESTLAKE, OH 44145 I MARTINEZ, CA 94553 TUCSON, AZ 85749 PA-2015-02411 391 E16AD 3407 PA-2015-02411 391 E16AD 3403 "PA-2015-02411 391 E16AD 3701 SAGAL GLENN D/VIRGINIA C SCEVA STEPHANIE L ET AL SIGETICH MILAN P/R L REID 775 S MOUNTAIN AVE 2440 CRESTLINE DR NW 1036 PROSPECT ST ASHLAND, OR 97520 OLYMPIA, WA 98502 i ASHLAND, OR 97520 PA-2015-02411 391 E16AD 3300 I PA-2015-02411 391 E16AD 3401 PA-2015-02411 391 E16AA 2305 STALLMAN ANDREW M/JEANNE M STALLMAN ANDREW M/JEANNE M STANEK CHRISTOPHER J/WENDI 789 MOUNTAIN AVE S 789 MOUNTAIN AVE S ! 720 GLENWOOD DR ASHLAND, OR 97520 ASHLAND, OR 97520 j ASHLAND, OR 97520 PA-2015-02411 391E16AA2401 I ! 763 SMOUNTAIN TAYLOR JEAN H TRUSTEE ET AL 3/9/2016 NOD 734 GLENWOOD DR 25 ASHLAND, OR 97520 i ii I ii f r IpI ASHLAND COMMISSION PLANNING APPLICATION REVIEW COMMENT SHEET February 4, 2016 PLANNING ACTION: PA-2015-02411 SUBJECT PROPERTY: 763 South Mountain Avenue APPLICANTS: Heartwood Tree Service OWNERS: Ray Kistler DESCRIPTION: A request to remove nine Ponderosa Pine trees from the property located at 763 South Mountain Avenue. The trees were previously identified to be preserved and protected as part of the Mountain Pines Subdivision (PA #2004-00105) but have now been determined to be dying from pine beetle infestation by the applicant's tree care professional. COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-1-10; ASSESSOR'S MAP: 39 lE 16AD; TAX LOT: #3404 The recommends approving the application as submitted along with specific recommendations below: 1) The replacement trees used for mitigation should not be Ponderosa Pines; the Commission would recommend that the applicant consider mitigating with incense cedar or some type of hardwood specimen. The Commission strongly recommends careful irrigation of the remaining trees and the proposed mitigation trees to at least a depth of 18-inches, that the trees be well-mulched, and that no cuts be made for the immediate future to avoid the spread of the beetle infestation. 2) The Commission also recommends that the applicant notify neighboring property owners of the beetle infestation and the need for prompt attention to avoid the beetles' spreading. 3) The Commission also recommends that given the hillside context that stomps not be deeply ground. Department of Community Development Tel: 541-488-5350 CITY OF 51 Winburn Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 ASHLAND WW" Planning Department, 51 Winburn Way, Ashland, Oregon 97520 CITY F 541-488-5305 Fax:541-552-2050 www,ashland.orms TTY:1-800-735-2900 ASHLAND NOTICE OF APPLICATION i PLANNING ACTION: 2015-02411 SUBJECT PROPERTY: 763 S. Mountain Avenue OWNERIAPPLICANT: Ray Kistler/Heartwood Tree Service DESCRIPTION: A request to remove nine Ponderosa Pine trees from the property located at 763 South Mountain Avenue. The trees were previously identified to be preserved and protected as part of the Mountain Pines Subdivision (PA #2004- 00105) but have now been determined to be dying from pine beetle infestation by the applicant's tree care professional. COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-1-10; ASSESSOR'S MAP: 39 1 E 16AD; TAX LOT: #3404 NOTE: The Ashland Tree Commission will also review this Planning Action on Thursday, February 4, 2016 at 6:00 PM in the Community Development and Engineering Services building (Siskiyou Room), located at 51 Winburn Way. NOTICE OF COMPLETE APPLICATION: January 28, 2016 DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: February 11, 2016 j PROSPECT ST PA #2015-02411 783 SOUTH MOUNTAIN AVENUE SUBJECT PROPERTY asa I~ - JJl Q Q Z - ~ 0 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 FolderWfailed Notices & Signs\2016\PA-2015-0241 1.docx TREE REMOVAL PERMIT f 18.5.7.040.B r 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 c 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. a. 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. b. 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. c. 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. d. 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, e. 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, i GAcomm-dev\planning\Flanning Actions\Noticing FolderWailed Notices & Signs\2016\PA-2015-02411.docx I i AFFIDAVIT OF FAILING k C STATE OF OREGON County of Jackson ) I! i i The undersigned being first duly sworn states that: I' 1. I am employed by the City of Ashland, 20 East Main Street, Ashland, Oregon 97520, in the Community Development Department. 2. On January 28, 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 #2015-02411, 763 S. Mountain. J Si ture of Employee DocumeW 1 /2 712 01 6 PA-2015-02411 391 E16AA 2400 rA-2015-02411 391 E16AD 3402 i-A-2015-02411 391 E16AD 4099 BERGSTROM A T/PENNY AUSTIN CLEGG LYNN/GEORGETTE B CLOER HAROLD A ET AL 760 GLENWOOD DR 755 S MOUNTAIN AVE 815 CREEK STONE WAY ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2015-02411 391 E16AD 3900 PA-2015-02411 391 E16AD 3405 PA-2015-02411 391 E16AD 4000 D'OLIVO MARK DONOVAN MICHAEL J/CARRISMA GENERAL PROPERTY GROUP LLC 804 BEACH ST 767 S MOUNTAIN AVE PO BOX 8158 ASHLAND, OR 97520 ASHLAND, OR 97520 ! MEDFORD, OR 97501 PA-2015-02411 PA-2015-02411 391 E16AD 3404 PA-2015-02411 391 E16AD 3200 HEARTWOOD TREE SERVICE KISTLER RAY LITTLE JOHN D TRUSTEE ET AL PO BOX 1173 763 S MOUNTAIN AVE 807 S MOUNTAIN AVE ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2015-02411 391 E16AD 3904 PA-2015-02411 391 E16AD 3800 PA-2015-02411 391 E16AA 2402 MASLOW JENNIFER MILLER MERRILY D NORMAN GORDON A ET AL 2200 OLD SISKIYOU HWY 99 S 800 BEACH ST ' 1043 PROSPECT ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2015-02411 391 E16AA 2304 PA-2015-02411 391 E16AD 3700 PA-2015-02411 391 E16AA 2301 OLIVER HENRY TRUSTEE I I I ET AL PHELPS PATRICK B TRUSTEE ET AL PHILLIPS PHILIP/KATHERINE 2305C ASHLAND ST 512 2638 SAKLAN INDIAN DR APT 1 1063 PROSPECT ST ASHLAND, OR 97520 WALNUT CREEK, CA 94595 ASHLAND, OR 97520 PA-2015-02411 391 E16AD 3400 PA-2015-02411 391 E16AD 3406 PA-2015-02411 391 E16AA 2302 PHOENIX JOY L ROBERTS ANTOINETTE M IRA ET AL ROSE-SIMMONS DOREEN K 8987 E TANQUE VERDE RD PO BOX 451159 PO BOX 1505 STE 309-381 WESTLAKE, OH 44145 MARTINEZ, CA 94553 TUCSON, AZ 85749 PA-2015-02411 391 E16AD 3407 PA-2015-02411 391 E16AD 3403 PA-2015-02411 391 E16AD 3701 SAGAL GLENN D/VIRGINIA C SCEVA STEPHANIE L ET AL SIGETICH MILAN P/R L REID 775 S MOUNTAIN AVE 2440 CRESTLINE DR NW 1036 PROSPECT ST ASHLAND, OR 97520 j OLYMPIA, WA 98502 ASHLAND, OR 97520 PA-2015-02411 391 E16AD 3300 PA-2015-02411 391 E16AD 3401 PA-2015-02411 391 E16AA 2305 STALLMAN ANDREW M/JEANNE M STALLMAN ANDREW M/JEANNE M STANEK CHRISTOPHER J/WENDI 789 MOUNTAIN AVE S 789 MOUNTAIN AVE S 720 GLENWOOD DR ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2015-02411 391 E16AA 2401 763 S MOUNTAIN TAYLOR JEAN H TRUSTEE ET AL 1/28/2016 NOC 734 GLENWOOD DR ' 25 ASHLAND, OR 97520 I ~q u~rar T q ° 20 U 11' ~ 2704 lumi 52ANI AID 21 'LIU ul VON, 2305 2 ? 2401 2400 Sol 2:01 RJAZ 2402 -iT r 0 3403 3402 3-701 4090- r I r C aril ii :405 rf 3104 3400 I a " 9~] UI 1- I 3401 1300 05sm I am 64911 I ~'U t! M41 4300 "a0a 4''U U A s i sF 420 4SO iota Map TWO 4 I 7 ! I 6 _ r r 1! j` Camp Kaye, owner; CCB license 198018 P.O. Box 1173, Ashland, OR, 97520-0040 (541) 840-5546 Heart wood@jeffnet. org Date: January 27, 2016 Re: Dying Ponderosa pine hazard. Site owner and location:' Ray Kistler 763 S. Mountain Ashland, OR To whom it may concern: Nine Ponderosa pine trees dying on the above property are gradually becoming a threat to the house located on the property and to Prospect Street bordering the property. As the upper two-thirds of the trees have turned brown, the wood has begun to weaken and over time will begin dropping limbs and eventually pieces of trunk from the top down. As the trees are declining rapidly no solution other than full removal would remedy the hazard the trees are beginning to present. Respectfully, Camp Kaye Heartwood Tree Service (541)840-5546 Heartwood@jeffnet.org CCB lic. #198018 i Re: 763 & 767 S. Mountain Avenue Tree Removal permits - Derek Severson https:Houtfook.office3f ° nm/owa/?ver-16.1066.6.1892586&cver=16.1,.. Re: 763 & 767 S. Mountain Avenue Tree Removal Permits L Derek Severson i Mon 1/25/2016 10:56 AM ro:Camp Kaye <Heartwood@jeffnet.org>; cc:Derek Severson <derek.severson@ashland.or.us>; 2 attachments (3 MB) Aerial Photo.pdf; GIS Map.pdf; Camp, I'm putting together the notices for these tree removal permits, and wanted to see if I can get a couple more details from you to complete these applications: 1) A better site plan which shows the trees relative to the structures and property lines and shows any trees on the site over six-inches in diameter that aren't being removed. I've attached a couple of GIS maps - one shows the home locations and property lines, and one is an aerial photo which gives a general idea of tree locations from the canopy. 2) A clear statement that the trees pose a clear public safety hazard (Le, likely to fall or injure people or property) or a foreseeable danger of property damage to an existing structure or facility that cannot be alleviated by pruning, relocation or other treatment. 3) Details of the proposed mitigation plantings. In our code, we're looking for at least a one per one mitigation planting - any details on the size and placement of mitigation plantings would help in saying that requirement is met. If you can get me these details, I'll have the notices prepared and ready to go. Thanks, - Derek Derek Severson, Associate Planner City of Ashland, Department of Community Development 51 Winburn Way, Ashland, OR 97520 PH: (541) 552-2040 FAX: (541) 552-2050 TTY: 1-800-735-2900 E-MAIL: derek.severson@ashland.or.us This e-mail transmission is the official business of the City of Ashland, and is subject to Oregon's public records laws for disclosure and retention. If you've received this e-mail in error, please contact me at (541) 552-2040. of 2 1/25/2016 11:46 AM PROSPECT ST. I _ I I I I I I I I I I PROSPECT ST. PARKING EASEMENT I 5451A nSlgeet00 rt I I - 0 I I I 97520d, OR I / EXISTING SURVIVING MATURE PONDEROSA PINES I I I I I I I DECK 112 I I 6' (.9~NEW TREE CLUSTERS I I I ~ - I I I I I I cr) H- I y oil W W N f - - LIVING RM I ~IN~ Lo I I _ 111 I U) rn I NTCOHOEN , DINING I w 0 I I 110 MASTERSURE © © _ I d I 10B ~ I 0- ~ ~ I I U) I I I GARAGE I r ® W.I.C. I -105 - - ENTRY 101 I L I 10A ~ 102 I I - I OFFICE I 104 I I I PORCH I - 103 I LANDSCAPE PLAN I I REVISIONS - I 03 JUL 12 Q RE EXdSAINEI POI JOB NO.: PRB DATE : MAY 31,1 SCALE: DRAWN: NORTH SHEET: LANDSCAPE FLOOR PLAN L-------------------------------------- ---J SCALE 3116"=1'-0°(24X36) LANDSCAPE PLAN L1 7 SCALE 3132"=1'-0"(11X17) SCALE 3132" =1'-0° o ~ k G 76 3 /ree s 7"b /0- ~-e kv1 o,),Q 0 7i~ees o re-W,4I`it (11~1 j4,f4's is ~~HJr R S E CT ST ~ j i. 763 SOUTH MOUNTAIN AVENUE 1763 D 767 ! 767 SOUTH MOUNTAIN AVENUE i 77$ II f J Camp Kaye, owner, CCB license 198018 P .O. Box 1173, Ashland, OR, 97520-0040 (541) 840-5546 Heartwood@jeffnet. org Date: December 28, 2015 Re: Tree removal. Site owner and location: Ray Kistler 763 S. Mountain Ashland, OR To whom it may concern: I contacted Zechariah Heck to ascertain if a removal permit was required for the above property and was told due to zoning it was not. It's my understanding a subsequent conversation between Mr. Kistler and Derek Severson ensued in which a letter was requested describing the reason for the removals. At the property cited above nine Ponderosa pine trees are dying. They are currently infested with pine beetles and are exhibiting approximately 50% or more brown needles in solid mass from the tops down. Due to the time of year the remaining green on the trees will almost certainly turn brown when the weather warms. Sometimes pines can be saved by topping, removing the beetles, but in this case the beetle activity has spread to the lower boles and it's my estimation the trees will not survive. As to the trees' decline the most obvious cause would point to the recent houses built in the past few years and the access drive leading to them. While the immediate root zones of the trees seem not to have been directly impacted by the construction the surface and ground water may have been seriously affected. Unfortunately protection of the root zone to the drip line is not always sufficient mitigation when large areas of rainfall are removed via roofs, gutters, roads and storm sewers. As all the native trees in the Ashland interface are already under stress from the long-term drought affecting the area any additional stressors can easily tip them into a degenerative state leading to the inablility of the trees to repel beetle attacks. ("Beetle-kill", as you may already know, is a misnomer. Fully healthy trees are rarely killed by beetles. Prior stressors are usually the cause and only allow the beetles to infest a tree.) A less clear, but possible secondary contributor may be changes to the TID ditch/pipe a short distance above the housing development within what I understand to have been the past 5-10 years which again may have affected ground water in a negative way. While this would not have been a primary cause it could have contributed to the stressed state of the trees. Please contact me with any further questions. Attached is a rough map of the trees to be removed on the property in question. Respectfully submitted, I Camp Kaye Heartwood Tree Service P.O. Box 1173, Ashland, OR 97520 (541)840-5546 CCB Lic. # 198018 I T~~~ /`TAP ® 7,/~; ~~v rraiN a 0 i i /"EN cE 1-louses ®4- 043 IPRosPECf ~5-r)~EE T ZONING PERMIT APPLICATION f \ Planning Division 51 Winbum Way, Ashland OR 97520 L' T Y 0 £ 541-488-5305 Fax 541-488-6006 FILE # ASHLAND DESCRIPTION OF PROJECT DESCRIPTION OF PROPERTY Pursuing LEED® Certification? ❑ YES ❑ NO Street Address yF£, Assessor's Map No. 39 1 E Tax Lot(s) Zoning f Comp Plan Designation APPLICANT Name Phone E-Mail Address 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. I 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 irk. thrs"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 r sieved at my expense, If 1 have any doubts, I am advised to seek competent professional advice and assistance. f r w A`ppucanvs~§ignature Date As owner of the property involved in this request, l have read and understood the complete application and its consequences to me as a property owner. Property Owner's Signature (required) Date Fro be completed by City Staff Date Received Zoning Permit Type Filing Fee $ OVER N GAcomm-dev\planningTonns & HandoutslZoning Permit Application.doc Job Address: 763 MOUNTAIN AVE S Contractor: ASHLAND OR 97520 Address: A C P Owner's Name: RAY KISTLER 0 Phone: Customer 08638 N State Lic No: L HEARTWOOD TREE SERVICE T ~ City Lic No: Applicant: PO BOX 1173 R Address: ASHLAND OR 97520 A C C Sub-Contractor: A Phone: (541) 840-5546 T Address: N Applied: 12/29/2015 O T Issued: Expires: 06/26/2016 Phone: State Lic No: Maplot: 391 E16AD3600 City Lic No: DESCRIPTION: Tree Removal Permity 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 CITY OF Inspection Request Line: 541-552-2080 SHLAND