HomeMy WebLinkAboutB_TL 3701_PA-2016-01072 f
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July 25, 2016
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Notice of Final Decision
On July 25, 2016, the Community Development Director approved the request for the following:
Planning Action: PA-2016-01072
Subject Property: Vacant Lot, B Street (Tax Lot 3701)
Applicant: Rogue Planning and Development Services f.
Description: A request for a Tree Removal Permit to remove one large Black Walnut tree
from the northwest corner of a vacant lot on the north side of B Street abutting the west property line of
661 B Street. The removal will allow for the development of a single-family home and detached garage.
COMPREHENSIVE PLAN DESIGNATION: Low Density Multi-family Residential; ZONING: R-2;
ASSESSOR'S MAP: 39 lE 09AB TAX LOTS: 3701
The Community Development Director's decision becomes final and is effective on the 12th day after the
Notice of Final Decision is mailed. Approval is valid for a period of 18 months and all conditions of
approval identified on the attached Findings are required to be met prior to project completion.
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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 Cory Darrow in the Community
Development Department at (541) 488-5305.
cc: Owner; 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 '
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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 Il 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: 541A88-5305
51 Winbum Way Fax: 541-552-2050
Ashland, Oregon 97520 TTY: 800-735-2900
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ASHLAND PLANNING DIVISION
FINDINGS & ORDERS
PLANNING ACTION: PA-2016-01072
SUBJECT PROPERTY: B Street: Lot 3701
APPLICANT: Rogue Planning and Development Services
DESCRIPTION: A request for a Tree Removal Permit to remove one large Black
Walnut tree from the northwest corner of the vacant lot on the north side of B Street abutting the
west property line of 661 B Street.
COMPREHENSIVE PLAN DESIGNATION: Low-density Multi-family; ZONING: R-2;
ASSESSOR'S MAP: 39 lE 09 AB; TAX LOT: 3701.
SUBMITTAL DATE: June 6, 2016
DEEMED COMPLETE DATE: June 24, 2016
STAFF DECISION DATE: July 25, 2016
DEADLINE TO APPEAL (4:30 p.m.): August 6, 2016
FINAL DECISION DATE: August 7, 2016
EXPIRATION DATE: January 7, 2018
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DECISION'
The Staff Advisor finds that the burden of proof to support removal of the tree has not been
presented; therefore, the request for a non-hazard tree removal, Planning Action #2016-01072, is
denied.
The subject parcel is a vacant lot (Tax lot no. 3701) located on the north side of B Street abutting
the west property line of 661 B Street. The subject property is zoned Low-density Multi-family
(R-2) and is approximately 6,098 square feet.
The application is a request for a single non-hazard tree removal. The subject tree is a large stature
Black Walnut with an approximate diameter at breast height (DBH) of 37 inches and a canopy
spread of greater than 45 feet. The tree is located at the rear of the lot in the northwest corner. The
applicant is requesting to remove the subject tree in order to allow for the development of a single-
family home and accessory structures. The application asserts that construction of the garage
cannot take place if the subject tree is to be retained. The application writes,
"...even if the garage was pushed to the easement line [in the northeast corner of
the lot], any construction would negatively impact the tree's root system. The
construction of the structure would damage approximately 25% of the tree's critical
root zone. The site constraints for access during construction delivery access,
contractor parking, etc. will cause root compaction within the drip line of the tree.
Black walnuts are sensitive to construction and susceptible to negative impacts
from construction."
This application was reviewed by the Ashland Tree Commission during their regular meeting on
July 7, 2016. The applicant, Ms. Gunter, was present at the meeting. Ms. Gunter presented the
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proposal and an email she received from a neighbor adjacent to the subject property. The email
stated that the subject tree has been dropping branches on her lot. The Tree Commission, as
evidenced by an email received by Staff from the Chair, Christopher John, inferred this as evidence
of the tree's ill health.
The Tree Commission recommended denial of the application until a landscape plan and arborist
report are submitted for review. Submittal of an arborist report would provide clarification of the
tree's current health and the Black Walnut species' resilience to the impacts of construction. This
information is relevant in determining if it is possible to locate the garage in a manner that is
consistent all land use ordinances while retaining the tree. Pursuant to Tree Removal Permits
Application Submission Requirements (18.5.7.030.B.7), the Staff Advisor may require an
arborist's report to substantiate the criteria for permit. The applicant indicated to staff on July 22,
2016 that an arborist report would not be submitted.
Based upon the recommendation of the Tree Commission and due to the remaining uncertainty of
the tree's inability to withstand the impacts of construction, Staff finds that the applicant has not
met the burden of proof for Approval Criteria 18.5.7.040.2.a. (see below).
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 Remoml 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.
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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 18.53.050. Such mitigation requirements shall be a
condition of approval of the permit.
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Bill Moln , Director Date
Departm nt of Community Development
AFFIDAVIT OF MAILING
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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 7/25/161 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
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person's name for Planning Action #2016-01072, B Street (Tax Lot 3701).
Signature of Employee
DocumenW 712512016
PA-2016-01072 391 E09AB 3700 PA-2016-01072 391 E09AB 4100 PA-2016-01072 391 E09AB 4900
ADDERSON BUILDERS INC ANDERSON CURTIS R/LORIE S BANYAN DEPOT LLC
3144 PAYNE RD 248 5TH ST 1390 ROMEO DR
MEDFORD, OR 97504 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2016-01072 391 E09AB 3600 PA-2016-01072 391 E09AB 7200 PA-2016-01072 391 E09AB 6000
CAIN ROBERT ROY TRUSTEE ET AL CROW CONSTANCE (CONNIE) E DAMON-TOLLENAERE MATTHEW
671 B ST TRUSTEE ET AL TRUSTEE ET AL
ASHLAND, OR 97520 PO BOX 1131 235 FIFTH ST
ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2016-01072 391 E09AB 4200 PA-2016-01072 391 E09AB 7000 PA-2016-01072 391 E09AB 4500
DOWNES ELLEN K DUNCAN JAMES T TRUSTEE KOEHLER THOMAS R TRUSTEE ET AL
266 FIFTH ST 692 B ST 286 1/2 PATTERSON ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2016-01072 391 E09AB 3800 PA-2016-01072 391 E09AB 4400 PA-2016-01072 391 E09AB 4700
LAPKIN LAWRENCE TRUSTEE ET AL LARSON WENDY DAWN/MATTHEW W S LEWIS JAMES D TRUSTEE ET AL
3295 EDGEWATER DR 1 TAPPAN CT 640 A ST
TAHOE CITY, CA 96145 ORINDA, CA 94563 ASHLAND, OR 97520
PA-2016-01072 391 E09AB 4300 PA-2016-01072 391 E09AB 7100 PA-2016-01072 391 E09AB 3500
MAJOR MARTIN/SHEILA ORE SHAKESPEARE FEST ASSOC PEARSON EDWIN E TRUSTEE ET AL
25 CHESTNUTT HILL LN P 0 BOX 158 843 E MAIN ST 101A
BRIARCLIFF MANOR, NY 10510 ASHLAND, OR 97520 MEDFORD, OR 97504
PA-2016-01072 391 E09AB 6100 PA-2016-01072 391 E09AB 7300 PA-2016-01072 391 E09AB 3900
PEIL THOMAS HANSEN TRUSTEE ET AL PERLOFF FRED R/LAURA E PIKER EILEEN
335 GARFIELD ST 164 5TH ST 625 B ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2016-01072 391 E09AB 4000 PA-2016-01072 391 E09AB 5900 PA-2016-01072 391 E09AB 7400
RENWICK ALLISON TRUST ET AL ROBINSON EDWIN P TRUSTEE SZANTO VICTOR ET AL
236 FIFTH ST 2407 BRENTWOOD RD PO BOX 11274
ASHLAND, OR 97520 SACRAMENTO, CA 95825 ZEPHYR COVE, NV 89448
PA-2016-01072
ROGUE PLANNING & DEVELOPMENT B Street, Tax Lot 3701
1424 S IVY NOD 7/25/16
MEDFORD, OR 97501 22
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ASHLAND
PLANNING APPLICATION REVIEW COMMENT SHEET
September 8, 2016
PLANNING ACTION: PA-2016-01072
SUBJECT PROPERTY: Vacant Lot, B Street
OWNER/APPLICANT: Rogue Planning and Development Services
DESCRIPTION: A request for a Tree Removal Permit to remove one large Black Walnut tree from €
the northwest corner of a vacant lot on the north side of B Street abutting the west property line of 661 B
Street. The removal will allow for the development of a single-family home and detached garage.
COMPREHENSIVE PLAN DESIGNATION: Low Density Multi-family Residential; ZONING: R-2; ASSESSOR'S
MAP: 39 1E 09AB TAX LOTS: 3701
The Tree Commission recommends denying the application until the following items are
submitted:
1. An arborist report.
2. A landscape plan.
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Department of Community Development Tel: 541-488-5350 C I T Y F
51 Winburn Way Fax: 541-552-2050
Ashland, Oregon 97520 TTY: 800-735-2900
wwwashland.or.us
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Planning Department, 51 Winburn Way, Ashland, Oregon 97520 I T Y IF
541-488-5305 Fax: 541-552-2050 www,ashland.or.us TTY: 1-800-735-2900
ASHLAND
NOTICE OF APPLICATION
PLANNING ACTION: PA-2016-01072
SUBJECT PROPERTY: Vacant lot, B Street (tax lot 3701)
OWNER/APPLICANT: Rogue Planning and Development Services
DESCRIPTION: A request for a Tree Removal Permit to remove one large Black Walnut tree from the northwest corner of
a vacant lot on the north side of B Street abutting the west property line of 661 B Street. The removal will allow for the
development of a single-family home and detached garage. COMPREHENSIVE PLAN DESIGNATION: Low Density
Multi-family Residential; ZONING: R-2; ASSESSOR'S MAP: 39 1 E 09AB TAX LOTS: 3701
NOTE: The Ashland Tree Commission will also review this Planning Action on Thursday, July 7, 2016 at 6:00 PM in the Community
Development and Engineering Services building (Siskiyou Room), located at 51 Winburn Way.
NOTICE OF COMPLETE APPLICATION: June 24, 2016
DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: August 8, 2016
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The Ashland Planning Division Staff has received a complete application for the property noted above.
Any affected property owner or resident has a right to submit written comments to the City of Ashland Planning Division, 51 Winburn Way,
Ashland, Oregon 97520 prior to 4:30 p.m. on the deadline date shown above.
Ashland Planning Division Staff determine if a Land Use application is complete within 30 days of submittal. Upon determination of completeness, a notice
is sent to surrounding properties within 200 feet of the property submitting application which allows for a 14 day comment period. After the comment period
and not more than 45 days from the application being deemed complete, the Planning Division Staff shall make a final decision on the application. A notice
of decision is mailed to the same properties within 5 days of decision. An appeal to the Planning Commission of the Planning Division Staffs decision must
be made in writing to the Ashland Planning Division within 12 days from the date of the mailing of final decision. (AMC 18.108.040)
The ordinance criteria applicable to this application are attached to this notice. Oregon law states that failure to raise an objection concerning this application,
by letter, or failure to provide sufficient specificity to afford the decision maker an opportunity to respond to the issue, precludes your right of appeal to the
Land Use Board of Appeals (LUBA) on that issue. Failure to specify which ordinance criterion the objection is based on also precludes your right of appeal
to LUBA on that criterion. Failure of the applicant to raise constitutional or other issues relating to proposed conditions of approval with sufficient specificity
to allow this Department to respond to the issue precludes an action for damages in circuit court.
A copy of the application, all documents and evidence relied upon by the applicant and applicable criteria are available for inspection at no cost and will be
provided at reasonable cost, if requested. All materials are available at the Ashland Planning Division, Community Development & Engineering Services
Building, 51 Winburn Way, Ashland, Oregon 97520.
If you have questions or comments concerning this request, please feel free to contact the Ashland Planning Division at 541-488-5305.
oex
TREE REMOVAL PERMIT
18.5.7.040.6
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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.
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G:\comm-dev\planning\Planning Actions\Noticing FolderWailed Notices & Signs\2016\PA-2016-01072.docx
PA-2016-01072 391 E09AB 3701 .:-2016-01072
ADDERSON BUILDERS INC ADDERSON BUILDERS INC
234 VISTA ST 3144 PAYNE RD I
ASHLAND, OR 97520 MEDFORD, OR 97504 c
PA-2016-01072 391 E09AB 4100 PA-2016-01072 391 E09AB 4900 PA-2016-01072 391 E09AB 3600
ANDERSON CURTIS R/LORIE S BANYAN DEPOT LLC CAIN ROBERT ROY TRUSTEE ET AL
248 5TH ST 1390 ROMEO DR '671 B ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2016-01072 391 E09AB 7200 PA-2016-01072 391 E09AB 6000 PA-2016-01072 391 E09AB 4200
CROW CONSTANCE (CONNIE) E ' DAMON-TOLLENAERE MATTHEW DOWNES ELLEN K
TRUSTEE ET AL TRUSTEE ET AL 266 FIFTH ST
PO BOX 1131 235 FIFTH ST ,ASHLAND, OR 97520
ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2016-01072 391 E09AB 7000 PA-2016-01072 391 E09AB 4500 PA-2016-01072 391 E09AB 3800
DUNCAN JAMES T TRUSTEE KOEHLER THOMAS R TRUSTEE ET AL : !LAPKIN LAWRENCE TRUSTEE ET AL
692 B ST 2861/2 PATTERSON ST 13295 EDGEWATER DR
ASHLAND, OR 97520 ASHLAND, OR 97520 TAHOE CITY, CA 96145
PA-2016-01072 391 E09AB 4400 PA-2016-01072 391 E09AB 4700 16-01072 391 E09,A 0
LARSON WENDY DAWN/MATTHEW W S LEWIS JAMES D TRUSTEE ET AL LEWIS ES D T EE ET AL I'
1 TAPPAN CT 640 A ST 1 640 A ST
ORINDA, CA 94563 ASHLAND, OR 97520 AHHLA , OR 975
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PA-2016-01072 391 E09AB 4300 PA-2016-01072 391 E09AB 7100 PA-2016-01072 391 E09AB 3500
MAJOR MARTIN/SHEILA ORE SHAKESPEARE FEST ASSOC !PEARSON EDWIN E TRUSTEE ET AL
25 CHESTNUTT HILL LN P 0 BOX 158 843 E MAIN ST 101A
BRIARCLIFF MANOR, NY 10510 ASHLAND, OR 97520 MEDFORD, OR 97504
PA-2016-01072 391 E09AB 6100 PA-2016-01072 391 E09AB 7300 PA-2016-01072 391 E09AB 3900
PEIL THOMAS HANSEN TRUSTEE ET PERLOFF FRED R/LAURA E 'PIKER EILEEN
335 GARFIELD ST 164 5TH ST 625 B ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2016-01072 391 E09AB 4000 PA-2016-01072 391 E09AB 5900 PA-2016-01072
RENWICK ALLISON TRUST ET AL ROBINSON EDWIN P TRUSTEE iROGUE PLANNING AND DEVELOPMENT
155 SIXTH ST 2407 BRENTWOOD RD 1424 S IVY STREET
ASHLAND, OR 97520 SACRAMENTO, CA 95825 MEDFORD, OR 97504
PA-2016-01072 391 E09AB 7400
SZANTO VICTOR ET AL B STREET Tax lot 3701
PO BOX 11274 6-x4.2016 NOC
ZEPHYR COVE, NV 89448
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ROGUE PLANNING 8 DEVELOPMENT SERVICES, LLE
June 6, 2016
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Subject Property
Map & Tax Lot: 39 1E 09AB; Tax Lot 3701
Property Owner: Adderson Builders Inc.
3144 Payne Road'
Medford, OR 975G4
Applicant: Rogue Planning and Development Services, LLC
1424 S Ivy Street
Medford, OR 97504
Cornprehensive Plan Designation: Low-Density Multi-family residential
Zoning: R-2
Lot Area: .14 Ac / 6,042 sf I
Request: Tree removal permit for the removal of a 37=inch diameter, triple trunk Blaclc Walnut Tree,.
(Juglans nigra)
Site Background: -
r 1! 74-22- W- 300' J w e x, n v e
_ N 74 1032° W -29977
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The subject, property is a vacant jot on the north side of B
Street, mid-block between Fifth and Sixth Streets. Parcel #1
on adjacent map. Parcel #1 was originally part of the 6YA FU'r I ~
Railroad Addition Block E Lots 22 and 23. These lots had I=x as Ww 1
PARC 1 1 PAR t2 N
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historically `f been consolidated with Lots 24 and 25. There is s
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a historic contributing residence constructed on 'Parcel #2, 1 f p; a`
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also known as 661 B Street. The current lot configuration ( r1o ! ' • I , i7. 9988' t1007
was the result of a Boundary Line Adjustment (PA-2015- 299.6~'r7_l-
[ s 74'22`. ~ - 370' )
00416 The.BLA allowed for the single family residence on 27~67(S 74.11'11 f - 369.64)
y PI S.71'11'13' f - 389.8Y_ _
Parcel #2 to comply with current setbacks. B 9 T R E H T
The shared property line jogs in order to accommodate the setbacks of the existing single family l
residence. The subject property is 6,042 square feet in area and is zoned for multi-family residential I'
development.
There is a row of large cedar trees along the B Street frontage of the property. These trees are to be
retained. At the rear of the property, adjacent to the northwest corner of the property at the public alley
is a 37-inch (below the split), triple trunk, Black walnut tree. This tree is to be removed. The individual
trunks of the walnut are 14-inch,, 14-inch and 18-inch in diameter at breast height (DI311). The tree has a
canopy spread of more than, 45-feet: The tree extends nearly the entire width of the buildable area of
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ROGUE PLANNING 6 DEVELOPMENT SERVICES, LLC
property. A tree removal permit is required to remove the tree because the property is multi-family
zoned and the tree is more than six-inches in diameter at breast height. Additionally, the tree is located
on a vacant lot that is zoned for residential purposes and is greater than 18-inches in diameter at breast
height.
The tree has been requested for removal to facilitate the development of the property under a single
buildingpermit and construction process. The lot area provides-for one single-family residential unit to
be constructed on the property as a permitted use. The request is to process the tree removal permit in
advance of construction so as to facilitate the impending residential construction at one time and reduce
the impacts from construction in an expeditious manner.
Once the residence is constructed, the tree removal falls into the exempt category of the Tree Removal
section of the Land Use Ordinance (18.5.7.020.0.3) that allows for removal of trees in the multi-family
zone., on land occupied.,by a, single family, residence and associated accessory structures, Permitting,the
tree removal permit now and allowing removal of the-tree, and not waiting until exempt, will reducethe,
impacts from site development on the neighborhood, the adjacent alley and neighborhood streets.
Additionally, costs and complications from having additional structures in the vicinity complicates tree
removal and increases the costs for removal.
Though multi-family zoned, the Purpose of the Tree Removal Permits section of the code 18.5.7 discusses
multi-family residential zones having special landscaping circumstances, and that these special
circumstances have the potential to affect significantly larger numbers of persons if unregulated.
Because of this, multi-family properties require reasonable regulation. Due to the lot area of the subject
property, it will be developed as a single family site and is consistent with the Purpose as it applies to
single-family zones where the code finds that property owners should have the freedom to determine
the nature of their private landscaped surroundings.
The applicant finds that the request toy remove a non-Kaz d 37-inch. Black walnut tree in, order to, allow
for the construction of a single family residence and an associated accessory structure that complies with
the standards for development can be found in compliance with the Land Use Ordinance. More
specifically, 18.5.7.030.B.2.a., that the removal is in order to permit the application to consistent with
other applicable land use ordinance requirements and standards.
Below are findings addressing the tree removal permit criteria.
18.5.7.030. B. Tree Removal Permit.
2. Tree that is Not a Hazard.
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
18.3.10.
2
RDGDE PLANNING 9 DEVELOPMENT SERVICES, LLC
The 37-inch black walnut tree is requested for removal due to its location in the area of the future
garage structure. The only vehicular access to the property is via the public alley at the rear of the
property. The alley will provide all of the parking for the construction contractors, the site access for
acceptance of the majority of construction deliveries, and is the only area on the property for the
installation of the two required off-street parking spaces. Site access standards requires vehicular
access from the public alley (18.4.3.080.C.5). Additionally, the row of large cedar trees along the
frontage of the property limits the sites accessfrom B Street.
According to the table of allowed uses in the zone, the construction of a single family residence and a
garage is a permitted use in the R-2 zone (18.2.2.030.13). A permitted use is allowed provided they
comply with chapter 18.2.3., Special Use Standards and are subject to the development standards of
the zone. The special use standards do not apply to single family home and accessory structure
construction. The developmentstandards of the zone call for standard yard requirements and provides
for special yard exceptions for accessory structures j18.2.5.040).
According to 18.2.5.040, garages and other accessory structures, when in compliance with other
standards regarding height and separation from the public street, are allowed to be located a
minimum of three feet from a side property line and a minimum of four feet from the rear property
line abutting the alley. Standard setbacks for the zone are six-foot side yard and ten feet per story rear
yard setback. In addition to the setbacks from the land use ordinance, there is a 14-foot access
easement granted to Parcel #2 along the east property line. Due to these circumstances, the large
walnut tree is in the location of the future garage.
Due to the width of the black walnut tree's dripline, extending approximately 26-feet from the east
side of the trunk, even if the garage was pushed to the easement line, any construction would
negatively impact the tree's root system. The construction of the structure would damage
approximately 25 percent of the critical root zone. The site constraints for access during construction,
delivery access, contractor parking, etc. will cause root compaction within the drip line of the tree.
Black walnuts are sensitive to construction and susceptible to negative impacts from construction.
Additionally, the tree has repeatedly grown into the overhead powerlines that parallel the north
property line.
Construction of a single family residence and accessory structure, is not subject to Site Design Review
nor is the parcel subject to the Physical and Environmental Constraints Review. The removal of the tree
allows for the site to be developed in accordance with the outright permitted uses allowed in the zone,
the single family residence and the detached garage accessed from the alley.
b. Removal of the tree will not have a significant negative impact on erosion, soil stability, flog of
surface waters, protection of adjacent trees, or existing windbreaks.
3
i
ROGUE PLANNING 9 DEVELOPMENT SERVICES, LLC
The removal of the black walnut will not have any negative impacts on erosion, soil stability, flow of
surface waters and it is not part of any windbreak. A structure will be located on the site in the location
of the tree preventing any erosion or soil stability issues. There are no surface waters on the site.
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 -ubjecf property. The City shall grant an exception to this
criterion when alternatives to the tree removal 4-tave been considered and no reasonable -alternative exists
to allow the property to be used as permitted in the zone.
The tree removal will not have a negative impact on tree densities, sizes, canopies or species diversity
within 200 feet of the property. There are other black walnuts and numerous other deciduous trees
found within 200-feet of the property, There is a- very large and seemingly more vig€rrou-siblack walnut
in the immediate vicinity at intersection of alley a.nd Sixth Street at 247 6th.
d. Nothing in this section shall require that the residential density to be reduced below the permitted
density allowed by the zone. In malting 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.
The proposal is to allow for the tree removal in order to allow for the construction of a garage that
complies with city standards. The tree removal will not impact the allowed density of the lot which is
one single family residence.
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.
See below.
18.5.7.050 Mitigation Required
One or more of the following shall satisfy the mitigation requirement.
A. Replanting On-Site. The applicant shall plant either a minimum 1 '/2-inch caliper healthy and
,well-branched deciduous tree or a five to,six-foot tall evergreen tree for each tree removed.
A 1 %-inch to 2-inch caliper deciduous is proposed to replace the tree that will be removed. This
tree will be planted prior to occupancy permit for the new residence.
Attachments:
SITE PLAN
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ZONING PERMIT APPLICATION
Planning Division
C I T V o F 51 Winburn Way, Ashland OR 97520 FILE_ ®2~~
ASHLAND 541-488-5305 Fax 541-488-6006
DESCRIPTION OF PROJECT
DESCRIPTION OF PROPERTY Pursuing LEEDO Certification? ❑ YES NO
Street Address vacant lot
Assessor's Map No, 391 E 09 AB Tax Lot(s) 3701
Zoning -2 Comp Plan Designation Multi-Family Residential
APPLICANT
Name Rogue Planning & Development Services Phone 541-951-4020E-Mail amygunter.planning@gmail.com
Address 1424 S Ivy Street City Medford Zip 97501
PROPERTY OWNER
Name Adderson Builders Inc. Phone 541-601-3107E-Mail chrisadderson@gmail.com
Address 3144 Payne Road City Medford Zip 97504
SURVEYOR, ENGINEER, ARCHITECT, LANDSCAPE ARCHITECT OTHER
Title Name Phone E-Mail
Address City Zip
Title Name Phone E-Mail
Address City Zip
I hereby certify that the statements and information contained in this application, including the enclosed drawings and the required findings of fact, are in all respects,
true and correct. I understand that all property pins must be shown on the drawings and visible upon the site inspection. In the event the pins are not shown or their
location found to be incorrect, the owner assumes full responsibility. I further understand that if this request is subsequently contested, the burden will be on me to
establish:
1) that 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 remove t my expens . If I have any doubts, l am advised to seek competent professional advi e and assistance.
Applic l'S gna ure Dat
As owner of th pr erty involved in this request, l have read and understood the complete application and its consequences to me as a property
owner, -
Pr erty Owner's signature (required) Date
rfo be completed by City Staff] Date Received t0 Zoning Permit Type Filing Fee $ b
OVER 0
GAcomm-de0planningTorms & HandoutsVonfng Permit Application.doc
Job Address: 0 TBA Contractor:
ASHLAND OR 97520 Address:
C
A Owner's Name: ADDERSON BUILDERS INC 0 Phone:
N State Lic No:
~ Customer 08431
ROGUE PLANNING & DEVELOPMENTS T City Lic No:
L. Applicant: 1424 S IVY ST R
Address: MEDFORD OR 97501 A
C C Sub-Contractor:
A Phone: (541) 951-4020 T Address:
N Applied: 06/06/2016 0
T Issued:
Expires: 12/03/2016 Phone:
State Lic No:
Maplot: City Lic No:
DESCRIPTION: Vacant lot at 09AB taxiot 3701
Ira
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
L 3~
f;
I
h
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
(180 days). Development Fees: $ 0.00 $ 0.00
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.or.us
Inspection Request Line: 541-552-2080 CITY F
" LAN 'n
r_1 A-IF