HomeMy WebLinkAboutSecond_35S_PA-2015-02003
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CITY OF
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ASHLAND
December 10, 2015
Notice of Final Decision
On December 10, 2015 the Community Development Director approved the request for the following:
Planning Action: PA-2015-02003
Subject Property: 35 South Second Street
Owner/Applicant: MPM Investments
Agent: Kistler, Small & White, Architects
Description: A request for a Modification of Planning Action #2015-01496 to allow
the removal of two trees, a 12-inch diameter at breast height (d.b.h.) Birch and a 4-inch d.b.h.
Maple that were not identified for removal in the original approval which included a
Conditional Use Permit, Site Design Review, Tree Removal Permit to remove two trees, and an
Exception to Street Standards to allow new kitchen and bar additions to the Winchester Inn
located at 35 S. Second St. The removal of the Birch tree requires a Tree Removal Permit
because the tree is over six-inches in diameter. COMPREHENSIVE PLAN DESIGNATION:
Commercial Downtown; ZONING: C-1-D; ASSESSOR'S MAP: 39 lE 09131); TAX LOTS:
5600-5700.
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 f'
schedule.
Prior to the final decision date, anyone who was mailed this Notice of Final Decision may request a
reconsideration of the action as set forth in the Ashland Land Use Ordinance (ALUO) 18.5.1.050(F)
and/or file an appeal to the Ashland Planning Commission as provided in ALUO 18.5.1.050(G). The
ALUO sections covering reconsideration and appeal procedures are attached. The appeal may not be
made directly to the Oregon Land Use Board of Appeals.
If you have any questions regarding this decision, please contact Derek Severson in the Community
Development Department at (541) 488-5305.
cc: Property owners within 200 ft
COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541-488-5305
51 Winburn Way Fax: 541-552-2050 I j
Ashland, Oregon 97520 TTY: 800-735-2900 l
www.ashland.or.us
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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 18.5.1.050.6.1, 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. Tune 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 Conunission. 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 11 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. i
COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541488-5305
51 Winburn Way Fax: 541-552-2050
Ashland, Oregon 97520 TTY: 800-735-2900 `
www. ashland.onus ;
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ASHLAND PLANNING DIVISION
FINDINGS & ORDERS
PLANNING ACTION: PA-2015-02003
SUBJECT PROPERTY: 35 South Second Street
OWNER/APPLICANT: MPM Investments
AGENT: Kistler, Small & White, Architects
DESCRIPTION: A request for a Modification of Planning Action 42015-01496 to
allow the removal of two trees, a 12-inch diameter at breast height (d.b.h.) Birch and a 4-inch
d.b.h. Maple that were not identified for removal in the original approval which included a
Conditional Use Permit, Site Design Review, Tree Removal Permit to remove two trees, and an
Exception to Street Standards to allow new kitchen and bar additions to the Winchester Inn
located at 35 S. Second St. The removal of the Birch tree requires a Tree Removal Permit
because the tree is over six-inches in diameter.
COMPREHENSIVE PLAN DESIGNATION: Commercial Downtown; ZONING: C-1-D;
ASSESSOR'S MAP: 39 1E 09BD; TAX LOTS: 5600-5700.
SUBMITTAL DATE: October 20, 2015
DEEMED COMPLETE DATE: October 29, 2015
STAFF APPROVAL DATE: December 7, 2015
DEADLINE TO APPEAL (4:30 p.m.): December 22, 2015
FINAL DECISION DATE (4:30 p.m.): December 22, 2015
APPROVAL EXPIRATION DATE: June 22, 2017
DECISION
The current application involves a request for a Modification of Planning Action #2015-01496 to
allow the removal of two trees, a 12-inch diameter at breast height (d.b.h.) Birch tree and a 4-
inch d.b.h. Maple tree that were not identified for removal in the original approval which
included a Conditional Use Permit, Site Design Review, Tree Removal Permit to remove two
trees, and an Exception to Street Standards to allow new kitchen and bar additions to the
Winchester Inn located at 35 South Second St. The removal of the Birch tree requires a Tree
Removal Permit because the tree is over six-inches in diameter.
The subject property is comprised of three tax lots, two of which are involved in the current
development. The properties are located north of the intersection of South Second Street and Hargadine
Street, and are rectangular. The existing slope of the combined properties runs from southwest to
northeast and is around 15 percent.
Tax Lot 45500 is the northernmost of the three properties. It contains the Heritage House, formerly
called the Enders House, and a detached Carriage House to the rear, and is not proposed for any
disturbance or alteration here. This property is addressed as 31 South Second Street. Tax Lot 45600,
the middle parcel is addressed as 35 South Second Street and identified as the Winchester Inn Main
House in the applicants' submittal materials. Tax Lot #5700, the southernmost of the three parcels,
contains the Larkspur Cottage, and does not currently have a separate address assigned in city records.
Paved access to the property is from Second Street, which is considered a Neighborhood Street in
Ashland's Transportation System Plan (TSP). Second Street is currently paved along the property's
frontage, with curbs, gutters and curbside sidewalks in place. The property also fronts on Hargadine
PA #2015-02003
35 S. Second St./dds
Page 1
i
Street to the south, a Neighborhood Street as well. Har adine is paved with curbs, g gutters and curbside
sidewalks in place along the property frontage. There are paved alley's along the properties' north and
west frontages, with Enders Alley running between First and Second Streets to the north of the Heritage
House, and an un-named alley running along the west side of the properties between Enders Alley and E
Hargadine Street.
Planning Action #2015-01496, a request for Conditional Use Permit and Site Design Review approvals
to allow additions including a new kitchen, new bar, laundry room, two new second floor offices was
approved in October. That approval included Tree Removal Permits to remove two trees: a six-inch
diameter Plum tree located within the footprint of the proposed new bar, and an eight-inch diameter
Birch tree within the footprint of the addition at the rear of the main house.
The application materials provided note that subsequent to the October approval, the applicants
consulted an arborist who recommended removal of a third tree, the 12-inch diameter Birch. The
arborist indicated that the tree was in poor health, and suffering from a disease that has been impacting
birches locally of late. The arborist also determined that the tree's root system would be adversely
impacted by the proposed development. Prior to obtaining approval of a permit for the additional tree's
removal, it was cut along with the other two that had originally been approved. The applicant notes that
the site has many mature trees and the removal will not adversely impact canopy coverage for the site or
vicinity.
The applicant indicates that the trees removed will be mitigated by the planting of three new "Golden
Russet" apple trees on the property, and further explains that the fruit from these trees will be used to
produce cider and for culinary purposes in the restaurant, and that the site's irrigation system will be
modified to serve these trees.
In reviewing the request at its November 5, 2015 regular meeting, the Tree Commission recommended
approval of the request and asked that the three apple trees be planted on site as mitigation trees, as
proposed by the applicants as proposed by the applicants. The Commission noted that two of these trees
should be seen as punitive mitigation for removing trees that were previously required to be preserved
and protected on site.
The criteria for a Tree Removal Permit are described as follows in AMC Chapter 18.5.7.040.B.
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.
G. 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
PA 92015-02003
35 S. Second St./dds
Page 2
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 I
and Environmental Constraints in part 18.10.
2. Removal of the tree will not have a significant negative impact on erosion, soil stability,
flow of surface waters, protection of adjacent trees, or existing windbreaks.
3. Removal of the tree will not have a significant negative impact on the tree densities,
sizes, canopies, and species diversity within 200 feet of the subject property. The City
shall grant an exception to this criterion when alternatives to the tree removal have been
considered and no reasonable alternative exists to allow the property to be used as
permitted in the zone.
4. Nothing in this section shall require that the residential density to be reduced below the
permitted density allowed by the zone. In making this determination, the City may
consider alternative site plans or placement of structures of alternate landscaping
designs that would lessen the impact on trees, so long as the alternatives continue to
comply with the other provisions of this ordinance.
5. The City shall require the applicant to mitigate for the removal of each tree granted
approval pursuant to section 18.5.7.050. Such mitigation requirements shall be a
condition of approval of the permit.
The application with the attached conditions complies with all applicable City ordinances. Planning
Action #2015-02003 is approved with the following conditions. Further, if any one or more of the
following conditions are found to be invalid for any reason whatsoever, then Planning Action #2015-
02003 is denied. The following are the conditions and they are attached to the approval:
1. That all proposals of the applicant shall be conditions of approval, including that the trees
removed shall be mitigated with the planting of three new "Golden Russet" apple trees.
2. That all conditions of the original land use approval (PA #2015-01496) shall remain in effect.
l
~ December 10, 2015
Bil , olnar, Director Date
D partmen of Community Development
I
PA #2015-02003
35 S. Second St./dds
Page 3
PA-2015-02003 391 E09BD 5300 PA-2015-02003 391 E09BC 5900 PA-2015-02003 391 E09BD 90004
ASHLAND HISTORIC PROPERTY LLC BUFFINGTON JANE N BURNS E SHEILA TRUSTEE ET AL
437 WILEY ST 1800 SE 10TH AVE SUITE 400 275 GRANDVIEW DR
ASHLAND, OR 97520 FT LAUDERDALE, FL 33316 ASHLAND, OR 97520
PA-2015-02003 391 E09BD 16100 PA-2015-02003 391 E09BD 16300 PA-2015-02003 391 E09BD 90001
DEBOER SHARON R TRUSTEE ET AL DELUCA RONALD L TRUSTEE DRESCHER ALLEN G TRUSTEE ET AL
2640 E BARNETT RD E-130 C/O THE VILLAGE APARTMENTS OFFICE P 0 BOX 760
MEDFORD, OR 97504 725 ROYAL AVE ASHLAND, OR 97520
MEDFORD, OR 97504
PA-2015-02003 391 E09BD 5001 PA-2015-02003 391 E09BD 6000 PA-2015-02003 391 E09BD 6100
DRESCHER JOEL M ET AL FITCH JAMES ET AL GOLDEN-FIELDS PROPERTY
P 0 BOX 760 181 VIA TRINITA 845 OAK ST
ASHLAND, OR 97520 APTOS, CA 95003 ASHLAND, OR 97520
PA-2015-02003 391 E09BD 16500 PA-2015-02003 391 E09BD 6101 PA-2015-02003 391 E09BD 9700
HARMS ELISA R HOBI ROBERT H HOLT REBECCA L
244 HARGADINE ST 1810 NE STEPHENS 4 BEACH AVE
ASHLAND, OR 97520 ROSEBURG, OR 97470 ASHLAND, OR 97520
PA-2015-02003 391 E09BD 6300 PA-2015-02003 391 E09BD 5500 PA-2015-02003 391 E09BD 5600
MATTHEWS ROBERT/SANDRA MPM INVESTMENTS, LLC MPM INVESTMENTS, LLC
3088 LAZY CREEK DR 35 S SECOND ST 35 S SECOND ST
MEDFORD, OR 97504 ASHLAND, OR 97520 ASHLAND, OR 97520
i
PA-2015-02003 391 E09BD 4600 PA-2015-02003 391 E09BD 15900 PA-2015-02003 391 E09BD 16400
NEUMAN PROPERTIES & DEV LLC NIEBEL ELENA C OREGON SHAKESPEARE FESTIVAL
953 EMIGRANT CREEK RD 332 HARGADINE ST ASSN
ASHLAND, OR 97520 ASHLAND, OR 97520 S BOX 158
ASHLAND, OR 97520
PA-2015-02003 391 E09BD 5800 PA-2015-02003 391 E09BD 4700 PA-2015-02003 391 E09BD 6500
PILOT ROCK PEAK LLC SAVAGE K LYNN/ORELL GAIL E SOUTH RUTH E TRUSTEE FBO
C/O CAROL GRAY 2773 BUSH ST SOUTH STAR PM INC
'
14618 TYLER FOOT RD BOX 114 SAN FRANCISCO, CA 94115 7831 SE STARK 103
NEVADA CITY, CA 95959 PORTLAND, OR 97215
PA-2015-02003 391 E09BD 9600 PA-2015-02003 391 E09BD 4690 PA-2015-02003
STOBER MARJORIE C TEITELBAUM JULI F TRUSTEE ET AL KISTLER, SMALL & WHITE
348 HARGADINE 237 ALMOND ST 66 WATER ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
35 S Second
12/10/15 NOD
24
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AFFIDAVIT OF MAILING
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STATE OF OREGON )
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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 12/10/15 1 caused to be mailed, by regular mail, in a sealed envelope
with postage fully prepaid, a copy of the attached planning action notice to each person
listed on the attached mailing list at such addresses as set forth on this list under each
person's name for Planning Action #2015-02003, 35 S Second.
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Signature of Employee
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Planning Department, 51 Winburn Way, Ashland, Oregon 97520 CY OF
541-488-5305 Fax: 541-552-2050
www,ashland.or.us TTY: 1-800-735-2900 ASHLAND
NOTICE OF APPLICATION
PLANNING ACTION: PA-2015-02003
SUBJECT PROPERTY: 35 South Second Street
OWNERIAPPLICANT: MPM Investments
AGENT: Kistler, Small & White, Architects
DESCRIPTION: A request for a Modification of Planning Action #2015-01496 to allow the removal of two trees, a
12-inch diameter at breast height (d.b.h.) Birch and a 4-inch d.b,h. Maple that were not identified for removal in the original
approval which included a Conditional Use Permit, Site Design Review, Tree Removal Permit to remove two trees, and an
Exception to Street Standards to allow new kitchen and bar additions to the Winchester Inn located at 35 S. Second St. The
removal of the Birch tree requires a Tree Removal Permit because the tree is over six-inches in diameter.
COMPREHENSIVE PLAN DESIGNATION: Commercial Downtown; ZONING: C-1-D; ASSESSOR'S MAP: 391 E 09BD;
TAX LOTS: 5600-5700.
NOTE: The Ashland Tree Commission will also review this Planning Action on Thursday, November 5, 2015 at 6:00 PM in the Community
Development and Engineering Services building (Siskiyou Room), located at 51 Winburn Way.
NOTICE OF COMPLETE APPLICATION: October 29, 2015
DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: November 12, 2015
` IPA 02015-02003
35 S. SECOND ST.
SUBJECTPROPERTY
~I
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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.
GAcomm-de0planningTIanning Actions\Noticing FolderWailed Notices & Signs\2015\PA-2015-02003.docr
TREE REMOVAL PERMIT
18.5.7.040.E
I
B. Tree Removal Permit.
1. Hazard Tree. A Hazard Tree Removal Permit shall be granted if the approval authority finds that the application meets all of the following criteria, or
can be made to conform through the imposition of conditions,
a. The applicant must demonstrate that the condition or location of the tree presents a clear public safety hazard (i.e., likely to fall and injure
persons or property) or a foreseeable danger of property damage to an existing structure or facility, and such hazard or danger cannot
i
reasonably be alleviated by treatment, relocation, or pruning. See definition of hazard tree in part 18.6.
b. The City may require the applicant to mitigate for the removal of each hazard tree pursuant to section 18.5.7.050. Such mitigation requirements
shall be a condition of approval of the permit.
2. Tree That is Not a Hazard. A Tree Removal Permit for a tree that is not a hazard shall be granted if the approval authority finds that the application
meets all of the following criteria, or can be made to conform through the imposition of conditions.
1. The tree is proposed for removal in order to permit the application to be consistent with other applicable Land Use Ordinance requirements and
standards, including but not limited to applicable Site Development and Design Standards in part 18.4 and Physical and Environmental
Constraints in part 18.10.
2. Removal of the tree will not have a significant negative impact on erosion, soil stability, flow of surface waters, protection of adjacent trees, or
existing windbreaks.
3. Removal of the tree will not have a significant negative impact on the tree densities, sizes, canopies, and species diversity within 200 feet of the
subject property. The City shall grant an exception to this criterion when alternatives to the tree removal have been considered and no
reasonable alternative exists to allow the property to be used as permitted in the zone,
4. Nothing in this section shall require that the residential density to be reduced below the permitted density allowed by the zone. In making this
determination, the City may consider alternative site plans or placement of structures of alternate landscaping designs that would lessen the
impact on trees, so long as the alternatives continue to comply with the other provisions of this ordinance.
5. The City shall require the applicant to mitigate for the removal of each tree granted approval pursuant to section 18.5.7.050, Such mitigation
requirements shall be a condition of approval of the permit.
r.
G:\comm-dev\planning\Planning Actions\Noticing FolderWailed Notices & Signs\2015\PA-2015-02003.docx
PA-2015-02003 391 E09BD 5300 PA-2015-02003 391 E09BC 5900 PA-2015-02003 391 E09BD 90004
ASHLAND HISTORIC PROPERTY LLC BUFFINGTON JANE N BURNS E SHEILA TRUSTEE ET AL
437 WILEY ST 1800 SE 10TH AVE SUITE 400 275 GRANDVIEW DR
ASHLAND, OR 97520 FT LAUDERDALE, FL 33316 ASHLAND, OR 97520
PA-2015-02003 391 E09BD 16100 PA-2015-02003 391 E09BD 16300 PA-2015-02003 391 E09BD 90001
DEBOER SHARON R TRUSTEE ET AL DELUCA RONALD L TRUSTEE DRESCHER ALLEN G TRUSTEE ET AL
2640 E BARNETT RD E-130 C/O THE VILLAGE APARTMENTS OFFICE P 0 BOX 760
MEDFORD, OR 97504 725 ROYAL AVE ASHLAND, OR 97520
MEDFORD, OR 97504
PA-2015-02003 391 E09BD 5001 PA-2015-02003 391 E09BD 6000 PA-2015-02003 391 E09BD 6100
DRESCHER JOEL M ET AL FITCH JAMES ET AL GOLDEN-FIELDS PROPERTY
P 0 BOX 760 181 VIA TRINITA 845 OAK ST
ASHLAND, OR 97520 APTOS, CA 95003 ASHLAND, OR 97520
PA-2015-02003 391 E09BD 16500 PA-2015-02003 391 E09BD 6101 PA-2015-02003 391 E09BD 9700
HARMS ELISA R HOBI ROBERT H HOLT REBECCA L
244 HARGADINE ST 1810 NE STEPHENS 4 BEACH AVE
ASHLAND, OR 97520 ROSEBURG, OR 97470 ASHLAND, OR 97520
PA-2015-02003 391 E09BD 6300 PA-2015-02003 391 E09BD 5500 PA-2015-02003 391 E09BD 4600
MATTHEWS ROBERT/SANDRA MPM INVESTMENTS, LLC NEUMAN PROPERTIES & DEV LLC
3088 LAZY CREEK DR 35 S SECOND ST 953 EMIGRANT CREEK RD
MEDFORD, OR 97504 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2015-02003 391 E09BD 15900 PA-2015-02003 391 E09BD 16000 PA-2015-02003 391 E09BC 6201
NIEBEL ELENA C OREGON SHAKESPEARE FESTIVAL OREGON SHAKESPEARE FESTIVAL
332 HARGADINE ST 15 S PIONEER ST PO BOX 158
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2015-02003 391 E09BD 5800 PA-2015-02003 391 E09BD 4700 PA-2015-02003 391 E09BD 6500
PILOT ROCK PEAK LLC SAVAGE K LYNN/ORELL GAIL E SOUTH RUTH E TRUSTEE FBO
C/O CAROL GRAY 2773 BUSH ST SOUTH STAR PM INC
14618 TYLER FOOT RD BOX 114 SAN FRANCISCO, CA 94115 7831 SE STARK 103
NEVADA CITY, CA 95959 PORTLAND, OR 97215
PA-2015-02003 391 E09BD 9600 PA-2015-02003 391 E09BD 4690 PA-2015-02003
STOBER MARJORIE C TEITELBAUM JULI F TRUSTEE ET AL KISTLER SMALL & WHITE
348 HARGADINE 237 ALMOND ST 66 WATER STREET
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
35 S Second
NOC 10/29/15
24
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 10/29/15 1 caused to be mailed, by regular mail, in a sealed envelope
with postage fully prepaid, a copy of the attached planning action notice to each person
listed on the attached mailing list at such addresses as set forth on this list under each
person's name for Planning Action #2015-02003, 35 S Second.
Signature of Employee
1
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Tree Removal Modification Application
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THE WINCHESTER INN - REMODEL & ADDITION
OCTOBER 28, 2015
Page I 1
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PROJECT INFORMATION
PLANNING ACTION: TREE REMOVAL MODIFCATION APPLICATION
These Findings are intended to address an existing birch tree that was removed while
pending the Tree Commission approval of the Tree Removal Permit for the tree in question.
Please see attached Tree Removal Permit Application. In addition, please see the attached
Arborist's Report wherein the recommendation to remove the birch tree occurs.
ADDRESS & LEGAL DESCRIPTION:
OWNER: ARCHITECTS:
MPM Investments Kistler Small & White
35 Second Street 66 Water Street
Ashland, OR 97520 Ashland, OR 97520
541.488.8200
LAND USE PLANNING: PROJECT LANDSCAPE:
Kistler, Small & White Kistler Small & White
66 Water Street 66 Water Street
Ashland, OR 97520 Ashland, OR 97520
541.4883.8200 541.488.8200
COMPREHENSIVE PLAN DESIGNATION: Commercial-Downtown
ZONING DESIGNATION: C-1-1)
ADDRESS: Winchester Inn, 35 South Second Street
MAP AND TAX LOT: 39 1e 0961), Tax Lots 5600, 5700
ACREAGE: .32 Acres OC 2
THE WINCHESTER INN - REMODEL & ADDITION,.
OCTOBER 28, 2015
Page 1 2
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CXISTING LANDSCAPING
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THE WINCHESTER INN - REMODEL & ADDITION
OCTOBER 28, 2015
Page 1 3
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FINDING OF FACT
The following information has been provided by the applicants to help the Planning Staff,
Tree Commission and neighbors better understand the proposed project.
For clarity reasons, the following documentation has been formatted in "outline" form with
the City's approval criteria noted in BOLD font and the applicant's response in regular
font. Where appropriate numbering follows the sited AMC.
TREE PRESERVATION AND PROTECTION
18.4.5 TREE PRESERVATION AND PROTECTION
The applicant originally brought this project in front of the Tree Commission requesting the
removal of (2) existing trees. Since that original submittal the applicant completed an Arborist's
Report, as recommended by the planning staff, wherein the arborist recommended removal of
a third tree - a 12" dbh birch. The conclusion by the arborist was that this tree's root system
would be adversely impacted by the new construction. In addition, the tree was in poor health
consistent with many other birch trees in the area suffering from a disease effecting only birch
trees. The applicant submitted the appropriate "Tree Removal Permit" along with the arborist's
report to the Planning Department. In the time after the submittal of the "Tree Removal
Permit" and before its approval the birch was removed (along with the other two approved
trees). There are many mature trees on the site and the removal of these effected trees will
not change the overall feel of tree coverage on the site.
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Overview of Site
THE WINCHESTER INN - REMODEL & ADDITION ,v1_3 t
OCTOBER 28, 2015
P a g e 1 4
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Tree Protection Plan: A plan to identify and protect plan will be submitted. The plan will
included a survey of the Trees on site and measures that will be taken for their protection
during construction.
18.5.7.040.13 Tree Removal Permit
1. Tree That in 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.
b. Removal of the tree will not have a significant negative impact on erosion, soil
stability, floor of surface waters, protection of adjacent trees, or existing
windbreaks. The removal of the tree will not have a significant negative impact on
erosion, soil stability, surface waters, 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. The site has many mature
trees and removal of the subject tree will not significant negatively impact the
overall tree canopy. See photo above.
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 City of Ashland 5-59 Land Use Ordinance18.5.7 - Tree
Removal Permits 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. N/A
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. The applicant is proposing replacing
the birch tree and the other two trees that were removed with three new apple
trees. The Winchester Inn is planning on using the fruit from these trees to produce
apple cider and to use in their culinary offerings. The species selected, "Golden
THE WINCHESTER INN - REMODEL & ADDITION
OCTOBER 28, 2015
Page 5
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Russet", malus domestica, was chosen specifically for this reason. The new trees will
be served by modifying the existing irrigation system and are located as shown on
the attached Landscape and Irrigation Plan. Also, please note that many of the
existing plants where the new Bar addition will be located have been removed and
salvaged to be replanted in roughly the same area from whence they came.
ADDITIONAL ISSUES FROM PLANNING STAFF'S COMMENTS:
Landscaping: The site has mature park-like landscaping. The proposed plan will have minimal
impact on the existing gardens. The landscaping plan post-construction will be to replant any
areas that have been disturbed.
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Award Winning Gardens
Prepared and Respectfully Submitted by:
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Kistler Small + White, Architects
THE WINCHESTER INN - REMODEL & ADDITION
OCTOBER 28, 2015
Pa g e 6
CITY OF
ASHLAND
Street Tree Permit
Applicant's Name Kistler Small + White, Architects Phone No. (541)488.8200 ext 15
Site Address 35 S. Second Street Email matt@kistlersmallwhite.com
Is the Property Owner aware of this request? (if different from above) yes
Name Michael Gibbs Phone No.
Address 35 S. Second Street, Ashland, OR 97520 Email innkeeper@thewinchesterinn.com
Type of Tree(s) Birch
Approximate Diameter at breast height 12" Height 20' Canopy 20'
Location of Tree Southwest corner of existing main building, adjacent to existing parking area.
Reason for Request Per an arborist's report the tree's root system will be damaged during construction most likly resulting
in the demise of the tree. In addition the tree's health is in question given the recent problems w/ birch trees throughout town.
Lastly, the tree is not a significamt contributer to the extensive landscaping already existing @ the Winchester Inn.
Are there underground utility lines and/or overhead power lines present? No
If yes, please list which lines are present
Is there sidewalk damage? No If yes, has a Public Works permit been issued?
Staff Decision
In accordance with Ashland Municipal Code (AMC)13.16, the City encourages the planting of appropriate trees within the right-of-
way. No trees shall be planted or removed from any public planting strip or other public property in the City until a permit has been
issued by the City Administrator or designee. Applicants for a removal permit may be required to replace the tree or trees being
removed with a tree or trees of comparable value. If the tree is determined to be dead or dying, then the replacement need be no
larger than the minimum described in this chapter. The replacement tree(s) shall be of a size specified in the permit and no smaller
than eight feet in height or one inch in caliper 12 inches above root crown and shall be an appropriate species selected from and
planted according to the Recommended Street Tree List. Any tree removed under this chapter shall be removed at ground level or
lower. If a tree is removed below ground level, the surface will be restored to finish grade and any regrowth which occurs shall be
promptly removed.
Permit is hereby (circle one): Approved Approved with Conditions Denied
Conditions of Approval
Imp v
Staff Signature Date
M TREE SERVICE
VOICE OF TREE CARE
Arborist Report
Client: September 29, 2015
Michael Gibbs
35 South 2nd Street
Ashland, OR 97520
To whom it may concern:
Located at the Winchester Inn, Ashland
Trees: #1 Birch tree is 12 dbh and is at N. west corner of building over parking.
#2 Birch tree is 10" dbh at rear of building next to disabled parking.
Maple tree is 4" dbh, at rear of building next to disabled parking.
Plum tree is 6" dbh and is situated on the west side of main building
Evaluation: #1 Birch 12dbh tree has a root system which will be greatly disturbed due to construction
and may result in the failure of the tree over parking spaces. Over 70% of the root system will be lost
during construction.
The #2 Birch tree, Maple tree and Plum tree are within the proposed footprint of new building.
Recommendation: All trees need to be removed.
Sincerely,
Joseph,Brophy
Certified Arborist PN 1958A
Beaver Tree Service, Inc.
I
Beaver Tree Service Inc. Portland Metro Office: Corporate Office:
CCB # 173614 7085 SW 175th Ave 270 Wilson Rd.
Tax ID # 20-5639553 Beaverton, OR 97007 Central Point, OR 97502
info@beavertree.net Joel@beavertree.net suzie@beavertree.net
(503) 224-1338 (541) 779-7072
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VOICE OF TREE CARE
Arborist Report
Client: September 29, 2015
Michael Gibbs
35 South 2nd Street
Ashland, OR 97520
To whom it may concern:
Located at the Winchester Inn, Ashland
Trees: #1 Birch tree is 12 dbh and is at N. west corner of building over parking.
#2 Birch tree is 10" dbh at rear of building next to disabled parking.
Maple tree is 4" dbh, at rear of building next to disabled parking.
Plum tree is 6" dbh and is situated on the west side of main building
Evaluation: #1 Birch 12dbh tree has a rout system which will be greatly disturbed due to construction
and may result in the failure of the tree over parking spaces. Over 70% of the root system will be lost
during construction.
The #2 Birch tree, Maple tree and Plum tree are within the proposed footprint of new building.
Recommendation: All trees need to be removed.
Sincerely,
Joseph Brophy
Certified Arborist PN 1958A
Beaver Tree Service, Inc.
CT ('~-'-'O 2015
Beaver Tree Service Inc. Portland Metro Office: Corporate Office:
CCB # 173614 7085 SW 175'h Ave 270 Wilson Rd.
Tax ID # 20-5639553 Beaverton, OR 97007 Central Point, OR 97502
info@beavertree.net ioel@beavertree.net suzie@beavertree.net
(503) 224-1338 (541) 779-7072
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Planning Division ZONING PERMIT APPLICATION
CITY Of 51 Winburn Way, Ashland OR 97520
ASHLAND 541-488-5305 Fax541-488-6006 FILE#,-?0/,-5
DESCRIPTION OF PROJECT
DESCRIPTION OF PROPERTY Pursuing LEED® Certification? ❑ YES ❑ NO
Street Address
Assessor's Map No. 39 1 E Of! 6P OX=, 110 Tax Lot(s) SIP 00
Zoning Comp Plan Designation
APPLICANT
Name 4ASTLX-~8VAAUAWf"* Phone ° ail C
Address ° City SK UD Zip 01 PROPERTY OWNER -&& OrTIF-f- Sr Name P ' T. Phone E-Mail
Address _ City Zip
SURVEYOR, ENGINEER, ARCHITECT, LANDSCAPE ARCHITECT OTHER
Title Name Phone E-Mail
Address City Zip
Title Name Phone E-Mail
Address City Zip
I hereby certify that the statements and information contained in this application, including the enclosed drawings and the required findings of fact are in all respects,
true and correct. 1 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
qOApp oved at my ex pense. ave any doubts, I am advised to seek competent professional advice and assistance.
s
Sign ture Date
As own r of the property involved i thi request, I have read and understood the complete application and its consequences to me as a property
owner.
Property Owner's Signatu 0 equired) Date
[ro be completed by City Staff] /
00
Date Received / Zoning Permit Type Filing Fee $
4
OVER 4
G:\comm-dev\planning\Fo=s $ Handouts2oning Permit Application.doc
ZONING PERMIT SUBMITTAL REQUIREMENTS
i
❑ 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'x3', 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.
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Qkom -devlplannin.-To-s & Handouts\Zoning Pem t Application.doc
Job Address: 35 SECOND ST S Contractor:
ASHLAND OR 97520 Address:
C.
P Owner's Name: MPM INVESTMENTS d
Phone:
Customer 03412 N State Lic No:
P
L KISTLER SMALL & WHITE ARCH LLC T City Lic No:
Applicant: 66 WATER ST R
Address: ASHLAND OR 97520 A
C C Sub-Contractor:
A Phone: (541) 488-8200 T Address:
N Applied: 10/20/2015 n
T Issued:
Expires: 04/17/2016 Phone:
State Lic No:
Maplot: 391 E09BD5600 City Lic No:
DESCRIPTION: Modification to prior planning action for 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 CITY F
i
F
i
I
I hereby certify the contents of this application to be correct to the
best of my knowledge, and furthermore, that I have read, Fee Summary Paid Amounts,
understood and agreed to the following:
Building: $ 0.00 $ 0.00
1. This permit shall remain valid only in accordance with code State Surcharge: $ 0.00 $ 0.00
or regulation provisions relating to time lapse and revocation Development Fees: $ 0.00 $ 0.00
(180 days).
2. Work shall not proceed past approved inspection stage. All Systems Development Charges: $ 0.00 $ 0.00
required inspections shall be called for 24 hours in advance. Utility Connection Fees: $ 0.00 $ 0.00
3. Any modifications in plans or work shall be reported in
advance to the department. Public Works Fees: $ 0.00 $ 0.00
4. Responsibility for complying with all applicable federal, state, Planning Fees: $ 28.00 $ 28.00
or local laws, ordinances, or regulations rests solely with the
applicant. Sub-Total: $ 28.00
Fees Paid: $ 28.00
Applicant Date Total Amount Due: $ 0
COMMUNITY DEVELOPMENT Tel: 541-488-5305
20 East Main St. Fax: 541-488-5311
Ashland, OR 97520 TTY: 800-735-2900
www.ashland.or.us
CITY OF
Inspection Request Line: 541-552-2080