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HomeMy WebLinkAboutPioneer_15S_PA-2016-01815 CITY OF ASHLAND October 28, 2016 Notice of Final Decision On October 28, 2016, the Community Development Director approved the request for the following: Planning Action: PA-2016-01815 Subject Property: 15 S. Pioneer Applicant: Oregon Shakespeare Festival Description: A request to remove one non-hazardous tree to allow for the re-development of the Oregon Shakespeare Festival Courtyard (The Bricks). The applicant has proposed to mitigate the removal by planting a Trident Maple in an enlarged tree-well utilizing structural soil and automated irrigation. COMPREHENSIVE PLAN DESIGNATION: Commercial - Downtown; ZONING: C-1-D; ASSESSOR'S MAP: 39 lE 09 BB TAX LOT: 14200. The Community Development Director's decision becomes final and is effective on the 12th day after the Notice of Final Decision is mailed. Approval is valid for a period of 18 months and all conditions of approval identified on the attached Findings are required to be met prior to project completion. The application, all associated documents and evidence submitted, and the applicable criteria are available for review at the Ashland Community Development Department, located at 51 Winburn Way. 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: Parties of record and property owners within 200 ft COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541-488-5305 51 Winburn Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 I www.ashland.or.us ~•_I I t; 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 4 www.ashland.onus ( t ASHLAND PLANNING DIVISION ' FINDINGS & ORDERS PLANNING ACTION: PA-2016-01815 SUBJECT PROPERTY: 15 South Pioneer Street APPLICANT: Chelsea McCann, WalkerMacy OWNERS: Oregon Shakespeare Festival (OSF) DESCRIPTION: A request to remove three non-hazardous trees to allow for the re-development of the Oregon Shakespeare Festival Courtyard (The Bricks). The applicant has proposed to mitigate the removals by planting Oak trees in enlarged tree-wells utilizing structural soil and automated irrigation. COMPREHENSIVE PLAN DESIGNATION: Commercial - Downtown; ZONING: C-1-D; ASSESSOR'S MAP: 39 1E 09 BB T LOT: 14200 SUBMITTAL DATE: September 28, 2016 DEEMED COMPLETE DATE: October 10, 2016 STAFF APPROVAL DATE: October 28, 2016 DEADLINE TO APPEAL (4:30 p.m.): November 12, 2016 FINAL DECISION DATE: November 13, 2016 APPROVAL EXPIRATION DATE: May 13, 2018 DECISION The Oregon Shakespeare Festival's courtyard, commonly known as The Bricks is located on two parcels, tax lot 14200 and tax lot 100. Tax lot 100 is a 75.21 acre parcel which includes a significant portion of the Shakespeare campus as well as Lithia Park and Ashland's City Hall. Tax lot 14200 is also owned by the City of Ashland; the Festival leases their portion of these lots from the City through a lease which dates to the year 2000 which provides that the Festival has sole and exclusive possession and use of the property and all improvements. The subject property is irregularly shaped and split-zoned, with the northern portion, including much of the Shakespeare campus and City Hall, zoned C-1-D (Commercial Downtown) and the remainder, including most of Lithia Park, zoned R-1-7.5 (Single Family Residential). The area associated with the current request is entirely within the C-1-D portion of the site. The tree removals are requested as part of the courtyard renovation project. Grading modifications to meet ADA guidelines are in direct conflict with trees number seven and eight as identified on the applicant's submittals. Tree number ten does not conflict with the grading plan but has a history of anthracnose fungus, according to the arborist report submitted with the application, and is potentially hazardous as evidenced during the December 2015 snowstorm when the tree dropped approximately one-third of its canopy onto the courtyard (one of the highest-volume pedestrian areas and most popular tourist destinations within the City of Ashland). E The courtyard renovation proposal and associated removal/ replacement of three trees will bring the OSF property further into compliance with current public space requirements for large scale projects as detailed in AMC 18.4.2.040.D.2. Most notably, replacement of tree ten will accommodate additional seating, which is required at a ratio of-one sitting space for each 500 square feet of public space area. PA-2016-01815 15 South Pioneer Page 1 The arborist report submitted with the application asserts that trees seven and eight are in "moderate" health and that tree ten would need "special attention" in order to preserve the tree during the construction process. The application asserts that replacement of the trees will not negatively impact tree canopy density, species diversity, soil stability or remove any essential windbreaks. Staff agrees with these findings. The proximity to Lithia Park and proposed mitigation ensures that there will not be a significant loss of canopy in close proximity to the site. Additionally, replacement of the trees in such a highly developed environment does not pose any threat to soil stability or windbreaks. The applicant proposed to mitigate the removal of the three trees with Quercus Frainetto `Schmidt', commonly known as Forest Green Oak, at a caliper of 2.5 inches. The Ashland Tree Commission reviewed this request at their regular meeting on October 6, 2016. The applicant, Chelsea McCann, accompanied by two representatives of OSF, were present and provided testimony at the meeting. The Tree Commission voted unanimously to recommend conditional approval of the application. The Tree Commission provided the recommendation that the mitigation trees are planted at a larger caliper than 2.5", as the original application proposed. Subsequently, the applicant provided an amended application proposing to plant the Forest Green Oak trees at a caliper of 4". Staff finds the application with attached conditions has sufficiently demonstrated compliance with the applicable approval criteria as well as the recommendations of the Ashland Tree Commission. The criteria for Tree Removal Permit approval are described in AMC section 18.5.7.040.13 as follows: 1. Hazard Tree. A Hazard Tree Removal Permit shall be granted if the approval authority finds that the application meets all of the following criteria, or can be made to conform through the imposition of conditions. a. The applicant must demonstrate that the condition or location of the tree presents a clear public safety hazard (i.e., likely to fall and injure persons or property) or a foreseeable danger of property damage to an existing structure or facility, and such hazard or danger cannot reasonably be alleviated by treatment, relocation, or pruning. See definition of hazard tree in part 18.6 b. The City may require the applicant to mitigate for the removal of each hazard tree pursuant to section 18.5.7.050. Such mitigation requirements shall be a condition of approval of the permit. 2. Tree that is Not a Hazard A Tree Removal Permit fora 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 reinovai 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, PA-2016-01815 15 South Pioneer Page 2 J70141 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 rro reasonable alternative exists to allow the property to be used as permitted in the zone. 4. Nothing in this section shall require that the residential density to be reduced below the permitted density allowed by the zone. In making this determination, the City may consider alternative site plans or placement of structures of alternate landscaping designs that would lessen the impact on trees, so long as the alternatives continue to comply with the other provisions of this ordinance. 5. The City shall require the applicant to mitigate for the removal of each tree granted approval pursuant to section 18.5.7.050. Such mitigation requirements shall be a condition of approval of the pern2it. Planning Action #2016-01815 is a request to remove three non-hazardous trees from the courtyard of the OSF property located at 15 South Pioneer Street. The application with the attached conditions complies with all applicable City ordinances for a tree removal permit. Planning Action #2016-01815 is therefore approved. The following are the conditions and they are attached to the approval. If any of the following conditions are found not to be true, then Planning Action #2016-01815 is denied: 1) That all proposals of the applicant shall be conditions of approval unless otherwise modified here. 2) That the mitigation Oak trees shall be 4" in. caliper or greater at the time of planting. 3) That, per. the applicant's proposal, all mitigation plantings shall utilize automated irrigation and structural soil. ~6 olna, Director D to Dt of Community Development PA-2016-01815 15 South Pioneer Page 3 i ASHLAND TREE COMMISSION PLANNING APPLICATION REVIEW COMMENT SHEET October 6, 2016 PLANNING ACTION: PA-2016-01815 SUBJECT PROPERTY: 15 S. Pioneer APPLICANT: Oregon Shakespeare Festival DESCRIPTION: This is a corrected notice. OSF has requested permission to remove three non-hazardous trees to allow for the re-development of the Oregon Shakespeare Festival Courtyard (The Bricks). The applicant has proposed to mitigate the removals by planting Oak trees in enlarged tree-wells utilizing structural soil and automated irrigation. COMPREHENSIVE PLAN DESIGNATION: Commercial - Downtown; ZONING: C-1-D; ASSESSOR'S MAP: 39 1E 09 BB TAX LOT: 14200 The Tree Commission recommends approving the application as submitted along with specific recommendation below: 1. That the applicant considers planting alternative species and larger caliper trees. Department of Community Development Tel: 541488-5350 CITY F 51 Winbum Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 As w w LAN Ur www.ashland.or.us c i AFFIDAVIT OF MAILING STATE OF OREGON ) County of Jackson ) The undersigned being first duly sworn states that: 1. 1 am employed by the City of Ashland, 20 East Main Street, Ashland, Oregon 97520, in the Community Development Department. 2. On 10/28/16 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 #2016-01815, 15 S Pioneer. Signature of Employee DocumeW 10/28/2016 PA-2016-01815 391 E09BB 14400 PA-2016-01815 391 E09BB 60001 PA-2016-01815 391 E09BC 1100 58 E MAIN STREET LLC 60-68 EAST MAIN STREET LLC ASHLAND CHAMBER OF COMMERCE PO BOX 306 P 0 BOX 306 PO BOX 1360 ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2016-01815 391 E09BA 11300 PA-2016-01815 391 E09BC 700 PA-2016-01815 391 E09BB 40001 BJORKLUND LLC CONNOLLY ALLEN DONOVAN MICHAEL/TAUB DAVID BRENT ENT E E TH THOMPSON 142 MAIN ST E 767 S MOUNTAIN AVE P 0 BOX 201 ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, , OR 97520 PA-2016-01815 391 E09BB 13000 PA-2016-01815 391 E09BB 14100 PA-2016-01815 391 E09BC 900 FIRST INTERSTATE BANK/OR NA OREGON SHAKESPEARE OREGON SHAKESPEARE FESTIVAL C/O THOMSON PROPERTY TAX SVC 19 S ASSOCIATION P 0 BOX 2609 PIONEER 15 S PIONEER ST CARLSBAD, CA 92018 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2016-01815 391 E09BB 99003 PA-2016-01815 PA-2016-01815 SACKS STEPHEN/BINGHAM MICHAEL CHELSEA MCCANN TOM MEYERS 50 W NEVADA 111 SW OAK, STE 200 2040 ASHLAND MINE RD ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 15 S Pioneer NOD 10/28/16 16 Planning Department, 51 Winbuln Way, Ashland, Oregon 97520 T 541-488-5305 Fax: 541-552-2050 www.ashland.or.us TTY: 1-800-735-2900 i.1 _ CORRECTED NOTICE OF APPLICATION PLANNING ACTION: PA-2016-01815 SUBJECT PROPERTY: 15 S. Pioneer APPLICANT: Oregon Shakespeare Festival DESCRIPTION: This is a corrected notice. OSF has requested permission to remove three non-hazardous trees to allow for the re-development of the Oregon Shakespeare Festival Courtyard (The Bricks). The applicant has proposed to mitigate the removals by planting Oak trees in enlarged tree-wells utilizing structural soil and automated irrigation. COMPREHENSIVE PLAN DESIGNATION: Commercial - Downtown; ZONING: C-1-D; ASSESSOR'S MAP: 39 1 E 09 BB TAX LOT: 14200. NOTICE OF COMPLETE APPLICATION: October 10, 2016 DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: October 24, 2016 68 1 68 3 _ 68,2 15 i. e4® / 1001 l 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 18.5.1.050.G) 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 Folder\tviailed Notices R Signs\2016\PA-2016-01815 ReNotice.docx TREE REMOVAL PERMIT 18.5.7.040.8 i 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. 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\Planning Actions\Noticing FolderWfailed Notices & Signs\2016\PA-2016-01515 ReNotice.docs t AFFIDAVIT OF MAILING i STATE OF OREGON ) County of Jackson ) i 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 10/10/16 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 #2016-01815, 15 S PIONEER. Signature of Employee I oocumenQ 10/10/2016 PA-2016-01815 391 E09BB 14400 PA-2016-01815 391 E09BB 60001 PA-2016-01815 391 E09BA 11300 58 E MAIN STREET LLC 60-68 EAST MAIN STREET LLC BJORKLUND LLC PO BOX 306 P 0 BOX 306 BRENT E THOMPSON ASHLAND, OR 97520 ASHLAND, OR 97520 P 0 BOX 201 ASHLAND, OR 97520 PA-2016-01815 391 E09 BC 700 PA-2016-01815 391 E09BB 40001 PA-2016-01815 391 E09BB 13000 CONNOLLYALLEN DONOVAN MICHAEL/TAUB DAVID FIRST INTERSTATE BANK/OR NA 142 MAIN ST E 767 S MOUNTAIN AVE C/O THOMSON PROPERTY TAX SVC ASHLAND, OR 97520 ASHLAND, OR 97520 P 0 BOX 2609 CARLSBAD, CA 92018 PA-2016-01815 391 E09BC 900 PA-2016-01815 391 E09BB 14100 PA-2016-01815 391 E09BC 1000 HILL JASON H OREGON SHAKESPEARE FESTIVAL OREGON SHAKESPEARE FESTIVAL C/O SAMANTHA WANDER 19 S PIONEER 15 S PIONEER ST 702 TERRACE ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2016-01815 391 E09BB 99001 PA-2016-01815 PA-2016-01815 SACKS STEPHEN/BINGHAM MICHAEL CHELSEA MCCANN TOM MEYERS 50 W NEVADA 111 SW OAK, STE 200 2040 ASHLAND MINE RD ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-20016-01815 15 S PIONEER ASHLAND CHAMBER OF COMMERCE RENOTICE NOC PO BOX 1360 10/10/16 ASHLAND, OR 97520 i 'N""', I j MOT p lM 144 CORO 11:201 14100 1420 11 I Mo j f $Tr; , 4 f s r 4 i Planning Department, 51 Wink,., 1 Way, Ashland, Oregon 97520 - m T 4 541-488-5305 Fax: 541-552-2050 www,ashland.or.us TTY: 1-800-735-2900 NOTICE OF APPLICATION PLANNING ACTION: PA-2016-01815 SUBJECT PROPERTY: 15 S. Pioneer APPLICANT: Oregon Shakespeare Festival DESCRIPTION: A request to remove one non-hazardous tree to allow for the re-development of the Oregon Shakespeare Festival Courtyard (The Bricks). The applicant has proposed to mitigate the removal by planting a Trident Maple in an enlarged tree-well utilizing structural soil and automated irrigation. COMPREHENSIVE PLAN DESIGNATION: Commercial - Downtown; ZONING: C-1-D; ASSESSOR'S MAP: 39 1E 09 BB TAX LOT: 14200. NOTE: The Ashland Tree Commission will also review this Planning Action on Thursday, October 6, 2016 at 6:00 PM in the Community Development and Engineering Services building (Siskiyou Room), located at 51 Winburn Way. NOTICE OF COMPLETE APPLICATION: September 30, 2016 DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: October 14, 2016 68 1 68 .'3 68 2 15 91 of / :34' 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 Folder\&tailed Notices & Signs\2016\PA-2016-01815.docs 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. 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. GAcomm-dev\planning\Planning Actions\Noticing Folder\D4ailed Notices & Signs\2016\PA-2016-01815.docz (s / t 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 9/30/161 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 person's name for Planning Action #2016-01815, 15 S Pioneer. r' Signature of Employee DmumeW 9/30/2016 r i i PA-2016-01815 391 E09BB 14400 PA-2016-01815 391 E09BB 60001 PA-2016-01815 391 E09BC 1100 58 E MAIN STREET LLC 60-68 EAST MAIN STREET LLC ASHLAND CHAMBER OF COMMERCE PO BOX 306 P 0 BOX 306 PO BOX 1360 ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2016-01815 391 E09BA 11300 PA-2016-01815 391 E09BC 700 PA-2016-01815 391 E09BB 40001 BJORKLUND LLC BRENT E THOMPSON CONNOLLY ALLEN DONOVAN MICHAEL/TAUB DAVID P 0 BOX 201 142 MAIN ST E 767 S MOUNTAIN AVE ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2016-01815 391 E09BB 13000 PA-2016-01815 391 E09BC 900 PA-2016-01815 391 E09BB 14100 FIRST INTERSTATE BANK/OR NA C/O HILL JASON H C/O SAMANTHA OREGON SHAKESPEARE FESTIVAL THOMSON PROPERTY TAX SERVICES WANDER P 0 BOX 2609 702 TERRACE ST 19 S PIONEER CARLSBAD, CA 92018 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2016-01815 391 E09BC 1000 PA-2016-01815 391 E09BB 99001 PA-2016-01815 OREGON SHAKESPEARE FESTIVAL SACKS STEPHEN/BINGHAM MICHAEL CHELSEA MCCANN 15 S PIONEER ST 50 W NEVADA 111 SW OAK, STE 200 ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2016-01815 TOM MEYERS 15 S PIONEER 9/30/16 2040 ASHLAND MINE RD 13 NOC ASHLAND, OR 97520 13 c if A 1~~"~ X43• 14400 F~ I 4 ~r~l a .90 ~ J 400 Lr4i 4 "A 00 I i Specifications for 'T'ree Pruning 1. All trees within the project area shall be pruned to: a) Clear the crown of diseased, crossing, weak, and dead wood to a minimum size of 1 1/2 inches diameter. b) Provide 14 feet of vertical clearance over streets and 8 feet over sidewalks. c) Remove stubs, cutting outside the woundwood tissue that has formed around the branch. d) Reduce end weight on heavy, horizontal branches by selectively removing small diameter branches, no greater than 2 to 3 inches near the ends of the scaffolds. e) Remove any mistletoe. 2. Where temporary clearance is needed for access, branches shall be tied back to hold them out of the clearance zone. 3. Pruning shall not be performed during periods of flight of adult boring insects because fresh wounds attract pests. Pruning shall be performed only when the danger of infestation is past. 4. All pruning shall be performed by a qualified arborist. 5. All pruning shall be in accordance with the Tree-Pruning Guidelines (International Society of Arboriculture) and/or the ANSI A300 Pruning Standard (American National Standard for Tree Care Operations) and adhere to the most recent edition of ANSI Z133.1. 6. Interior branches shall not be stripped out. 7. Pruning cuts larger than 4 inches in diameter, except for dead wood, shall be avoided. 8. Pruning cuts that expose heartwood shall be avoided whenever possible. 9. No more than 20 percent of live foliage shall be removed within the trees. 10. While in the tree, the arborist shall perform an aerial inspection to identify defects that require treatment. Any additional work needed shall be reported to the consultant. 11. Brush shall be chipped and chips shall be spread underneath trees within the tree protection zone to a maximum depth of six inches leaving the trunk clear of mulch. Specifications ® Demolition Site Clean 1. The demolition contractor is required to meet with the consultant at the site prior to beginning work to review all work procedures, access and haul routes, and tree protection measures. 2. The limits of all tree protection zones shall be staked in the field. 3. Tree(s) to be removed that have branches extending into the canopy of tree(s) to remain must be removed by a qualified arborist and not by demolition or construction contractors. The qualified arborist shall remove the tree in a manner that causes no damage to the tree(s) and under story to remain. 4. Any brush clearing required within the tree protection zone shall be accomplished with hand-operated equipment. 5. Trees to be removed shall be felled so as to fall way from tree protection zones and to avoid pulling and breaking of roots of trees to remain. If roots are entwined, the consultant may require first severing the major woody root mass before extracting the trees. This may be accomplished by cutting through the roots by hand, with a vibrating knife, rock saw, narrow trencher with sharp blades, or r other approved root-pruning equipment.] 6. Trees to be removed from within the tree protection zone shall be removed by a qualified arborist. The trees shall be cut near ground level and the stump ground out. 7. All downed brush and trees shall be removed from the tree protection zone either by hand or with equipment sitting outside the tree protection zone. Extraction shall occur by lifting the material out, not by skidding it across the ground. 8. Brush shall be chipped and placed in the tree protection zone to a depth of 6 inches 9. Structures and underground features to be removed within the tree protection zone shall use the smallest equipment possible and operate from outside the tree protection zone. The consultant shall be on site during all operations within the tree protection zone to monitor demolition activity 10. All trees shall be pruned in accordance with the provided Pruning Specifications 11. A six-foot chain link fence with posts sunk into the ground shall be erected to enclose the tree protection zone 12. Any damage to trees due to demolition activities shall be reported to the consulting arborist within six hours so that remedial action can be taken. Timeliness is critical to tree health. 13. If temporary haul or access roads must pass over the root area of trees to be stained, a roadbed of 6 inches of mulch or gravel shall be created to protect the soil. The roadbed material shall be replenished as necessary to maintain a 6-inch depth. ® a o m Specifications for Tree Preservation During Construction I 1. Before beginning work, the contractor is required to meet with the consultant at the site to review all work procedures, access routes, storage areas, and tree protection measures. 2. Fences must be erected to protect trees to be preserved. Fences define a specific protection zone for each tree or group of trees. Fences are to remain until all site work has been completed. Fences may not be relocated or removed without the written permission of the consultant. 3. Construction trailers and traffic and storage areas must remain outside fenced areas at all times. 4. All underground utilities and drain or irrigation lines shall be routed outside the tree protection zone. If lines must traverse the protection area, they shall be tunneled or bored under the tree. 5. No materials, equipment, spoil, or waste or washout water may be deposited, stored, or parked within the tree protection zone (fenced area). 6. Additional tree pruning required for clearance during construction must be performed by a qualified arborist and not by construction personnel. 7. Any herbicides placed under paving materials must be safe for use around trees and labeled for that use. Any pesticides used on site must be tree-safe and not easily transported by water. 8. If injury should occur to any tree during construction, the tree consultant should evaluate it as soon as possible so that appropriate treatments can be applied. 9. The consulting arborist must monitor any grading, construction, demolition, or other work that is expected to encounter tree roots. 10. All trees shall, be irrigated on a schedule to be determined by the consultant. Irrigation shall wet the soil within the tree protection zone to a depth of 30 inches. 11. Erosion control devices such as silt fencing, debris basins, and water diversion structures shall be installed to prevent siltation and/or erosion within the tree protection zone. 12. Before grading, pad preparation, or excavation for foundations, footings, walls, or trenching, any trees within the specific construction zone shall be root pruned 1 foot outside the tree protection zone by cutting all roots cleanly to a depth of 24 inches. Roots shall be cut by manually digging a trench and cutting exposed roots with a saw, vibrating knife. rock saw, narrow trencher with sharp blades, or other approved root-pruning equipment. 13. Any roots damaged during grading or construction shall be exposed to sound tissue and cut cleanly with a saw. 14. If temporary haul or access roads must pass over the root area of trees to be retained, a road bed of 6 inches of mulch or gravel shall be created to protect the soil. The road bed material shall be replenished as necessary to maintain a 6-inch depth. c _ _ l 2040 Ashland Mine Rd _ Ashland, OR 97520 Phone: 541-601-2069 3/12/2015 Chelsea McCann Tree inventory and consultation for OFA bricks The eleven trees listed in the enclosed tree inventory need to be protected as stipulated in the enclosed specifications (with the exception of those trees that have been approved for removal). The numbers on their respective tags, placed on each trunk in the field, identify the individual trees and correspond to the tree, numbers on the enclosed tree inventory. The radius of the tree protection fencing is specified for each tree in the tree inventory. A certified arborist must supervise any work done within the tree protection zone. Tree #10 will require special attention when doing the grading. A certified Arborist must be on site during the excavation to insure that no significant roots are damaged. If you have any questions please call me at 541-601-2069 Sincerely, Tom Myers, i t G Tree Inventory for OSFA Cou and Renovation 3/12/2015 Tree Crown protection relative DBH in Height Radius in zone radius tolerance to Tree # Species inches in feet feet in feet construction Condition notes 1 Ash 7 22 9 7. moderate fair 2 Ash 9 24 10 9 moderate fair II 3 Ash 9 18 9 9 moderate fair remove 4 Canyon Live Oak 19 28 18 19 moderate fair 5 Maple 16 '42 15 20 poor good remove 6 Ash 21 30 22 21 moderate good 7 Birch 7 18 8 7 moderate poor 8 Birch 7 22 7 7 moderate poor 9 Ash 18 28 15 18 moderate good _s 10 Ash 22 32 24/ 22 moderate good history of anthracnose fungus 11 Maple 16 30 16 20 poor fair remove 12 Maple 9 28 9 11.25 moderate fair ~ r LANDSCAPE ARCHITECTURE URBAN DESIGN PLANNING (i E September 27, 2016 Cory Darrow Assistant Planner City of Ashland 51 Winburn Way Ashland, OR 97520 RE: Tree Removal Standards ~il~~t1(t)l; Dear Mr. Darrow, The following narrative information is intended to supplement the drawings provided, describing the tree removals and plantings intended for the Oregon Shakespeare Festival Courtyard Project. The trees documented are planned for removal in November 2, 2016. In regard to the standards of 18.5.7.040(B)(2), for situations where a tree removal is requested but the tree is not a hazard: 1. The tree removals are requested as part of the Courtyard Renovation site plan application. • Trees #7 and #8, the grading modifications required to improve access and meet ADA guidelines are in direct conflict with the trees. • Tree #10 is in direct conflict with new seating elements and is also in declining health due to a history of anthracnose and a split that occurred in December 2015 after a snowstorm. The split broke off approximately 1/3 of the tree. 2. The tree removals will not have a significant negative impact on erosion, soil stability, surface waters, protection of existing trees or windbreaks. The removal of the tree from the work area and re-establishment of landcapeing in compliance with code will not impact the site, which is surrounded by the Bowmer, Elizabethan, the OSF offices, and surrounded by the bricks courtyard. Trees #7 and #8 are immediately adjacent to the OSF offices and tree #10 is in the courtyard. 3. As described on the arborists report, trees #7 and #8 are smaller, (7"dbh) and in poor health. Their canopies are not significant and the removal of these trees will not significantly alter the density or species diversity within 200 feet of the project site, which is adjacent to Lithia Park. The remaining canopy of tree #10 is larger in size than those of #7 and #8, but the design intends to replace this tree with a large canopy species that is healthy and will thrive in the location. 4. This application does not impact residential density. I i'Y#ON i,03.2 28,8M I 4'dEW Wt1t,15EWMACY.COM, a t SW OAK, S'UI1E O ~ PORTLAND, (7 (-1 V204 r, Oregon Shakespeare Festiva. ;ourtyard Project 9/27/2016 Page 2 of 2 i 5. The planting plans include 3 Forest Green Oak (2 %Z" cal.), planned for the center of the courtyard. Additionally, 9 Vine Maples are planned for perimeter planting beds at the edges of the courtyard. The Oaks will grow to a similar canopy size to the ash and are significantly larger than the birch trees proposed for removal. Please let.me know if there is any additional information that you need to review our request. Sincerely, WALKER MACY Chelsea McCann Principal cmccann@walkermacy.com I i l ZONING PERMIT APPLICATION Planning Division 51 Winburn Way, Ashland OR 97520 c~ CITY OF Y' FILE#_ ~°'_C5N(0° 001D S H LA N E) 541-488-5305 Fax 541-488-6006 DESCRIPTION OF PROJECT I ~/1 I DESCRIPTION OF PROPERTY l Pursuing LEEDO Certification? ❑ YES ❑ NO Street Address j tit o V V, S-f - / l~ C t~ B `l C L Assessor's Map No. 39 1 E O cl ~ ~ Tax Lot(s) IY260 ii /0e Zoning C Comp Plan Designation el7obj rJ h APPLICANT X, 2 bo Name 0s l Ako ,!Ayy- Fes-t, v k Phone -ll 211/ E-Mail -6-eJ, 4 Cd OS~ Address l 5, F'I 2V- City zip el 7f2o PROPERTY OWNER ASL6kW Phone 5~11-yk .4~ca~ZE-Mail dAV2.V(Agwv-gas41e,vJ u~:~nS Name CM V Address 20 (5. IAlv'IAO - City ASWIli A Zip 77~2O SURVEYOR ENGINEER ARCHITECT LANDSCAPE ARCHITECT OTHER Title Pyiv+x 1~. -Name r Lam( e. ivies Phone 03.., 12 E-Mail C VA(-(" pi @~l~.I eau ;c~, of Address ! 11 Std ~Gt S4S'f(- 20) City t2- Zip-I 7 2b cf Title At,610 Name Tom Aeyev-s -Phone '01 E-Mail Address 2-OA0 ~5~J64 Wye City kMet(t,A Zip<17Y)-O I hereby certify that the statements and information contained in this application, including the enclosed drawings and the required findings of fact, are in all respects, true and correct. /understand that all property pins must be shown on the drawings and visible upon the site inspection. In the event the pins are not shown or their location found to be incorrect, the owner assumes full responsibility. I further understand that if this request is subsequently contested, the burden will be on me, to establish: 1) that 1 produced sufficient factual evidence at the hearing to support this request 2) that the findings of fact furnished justifies the granting of the request 3) that the findings of fact furnished by me are adequate; and further 4) that all structures or improvements are properly located on the ground. Failure in this regard will result most likely in not only the request being set aside, but also possibly in my structures being built in reliance thereon being required to be removed expen . If 1 eve doubts a advised to seek competent professional advice and assistance. fez 43~~ Applicant's Signature Date As owner of the property involved in this request, t have read and understood the complete application and its consequences to me as a property owner. Property Owner's Signature (required) Date rro be completed by City Staff] IF) - Date Received C4, Zoning Permit Type ~ Filing Fee $ (CJ OVER 1/ GAcomm-dev\plaoningTo=s B HAndouts\Zoning Permit Appbcadon.doc i ZONING PERMIT SUBMITTAL REQUIREMENTS ❑ APPLICATION FORM must be completed and signed by both applicant and property owner. ❑ FINDINGS OF FACT - Respond to the appropriate zoning requirements in the form of factual statements or findings of fact and supported by evidence. List the findings criteria and the evidence that supports it. Include information necessary to address all issues detailed in the Pre-Application Comment document. ❑ 2 SETS OF SCALED PLANS no larger than 11"x17". Include site plan, building elevations, parking and landscape details. (Optional -1 additional large set of plans, 2'0', to use in meetings) ❑ FEE (Check, Charge or Cash) ❑ LEED® CERTIFICATION (optional) - Applicant's wishing to receive priority planning action processing shall provide the following documentation with the application demonstrating the completion of the following steps: ® Hiring and retaining a LEED® Accredited Professional as part of the project team throughout design and construction of the project; and ® The LEED® checklist indicating the credits that will be pursued. NOTE: ® Applications are accepted on a first come, first served basis. ® Applications will not be accepted without a complete application form signed by the applicant(s) AND property owner(s), all required materials and full payment. ® All applications received are reviewed for completeness by staff within 30 days from application date in accordance with ORS 227.178. ® The first fifteen COMPLETE applications submitted are processed at the next available Planning Commission meeting. (Planning Commission meetings include the Hearings Board, which meets at 1:30 pm, or the full Planning Commission, which meets at 7:00 pm on the second Tuesday of each month. Meetings are held at the City Council Chambers at 1175 East Main St). ® A notice of the project request will be sent to neighboring properties for their comments or concerns. ® If applicable, the application will also be reviewed by the Tree and/or Historic Commissions. FF GAko -devlP launinglFo m & El udouts\Zoning Pemut APPlicalioadoc 1 I c i i To whom it may concern: January 15th 2016 I We received a call December 14th from the Oregon Shakespeare Festival in Ashland Oregon regarding a Modesto ash (Fraxinus velutina) tree that had split in the recent snow storm. The city only allowed us to remove the failed portion of the tree as the rest wasn't an immediate hazard. This was just over 1/3 of the tree that was damaged and removed. The Oregon Shakespeare Festival would like to remove the remaining portion of the tree due to several j issues. The first being this species of ash often fails in this manner both in wind and snow storms, the tree now looks very lopsided, this is not ideal because of this trees position in front of the world famous Oregon Shakespeare Festival does not give a great first impression to the many visitors that come each year. As well, it has a large vertical crack in the trunk that will likely introduce decay. The tree also has a defect low on the trunk that appears to be a subsurface girdling root that goes approximately 2/3 of the way around the tree, this can cause decline in the tree as well as structurally compromise the entire tree. The condition of this tree would be described as fair. We request permission to remove and replace this tree with a more suitable tree for this high visibility location. Willie Gingg I.S.A. Board Certified Master Arborist Southern Oregon Tree Care Llc ~,J Job Address: 15 S PIONEER Contractor: ASHLAND OR 97520 Address: C A Owner's Name: OREGON SHAKESPEARE 0 Phone: P Customer 08892 N State Lic No: P OREGON SHAKESPEARE T City Lic No: L Applicant: 19 PIONEER ST S R Address: ASHLAND OR 97520 A C Sub-Contractor: A Phone: T Address: N Applied: 09/28/2016 T Issued: R Expires: 03/27/2017 Phone: State Lic No: F' Maplot: 391 E09BC100 1-1 City Lic No: DESCRIPTION: Typer 1 tree removal 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 C)[ T Y ® F WSHLAIN i i i I pI t r l fS; c 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 is 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 -AS H LAN D'