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HomeMy WebLinkAboutElkader_621_TREE-2018-00020 ASHLAND PLANNING APPLICATION REVIEW COMMENT SHEET August 9, 2018 PLANNING ACTION: TREE-2018-00020 SUBJECT PROPERTY: 621 Elkader St OWNERS: Rogue Planning & Development Services, LLC APPLICANT: Livni Trust DESCRIPTION: A request for a Street Tree- Removal Permit to remove two non-hazardous trees blocking a private driveway that was approved in previous planning actions. COMPREHENSIVE PLAN DESIGNATION: Single=Family Residential; ZONING: R-1-7.5 The Tree Commission recommends approving the tree removal request. The Commission recommends watering the remaining trees on the property extensively. Department of Community Development Tel: 541-488-5350 C I T Y F 51 Winbum Way Fax: 541-552-2050 L Ashland, Oregon 97520 TTY: 800-735-2900 SHLAND -vvwA,. ashland.or.us 1 ' STREET TREE REMOVAL PERMIT Planning Division C I T Y OF 51 Winburn Way, Ashland OR 97520 ASHLAND 541-488-5305 Fax 541-488-6006 A tree that is located in any public street right-of-way or other public property may not be removed until a Street Tree Removal Permit has been submitted according to the Application Submission Requirements, below, and reviewed and approved by the City of Ashland. An application for street tree removal must demonstrate that the tree is an emergency, hazard, or dead tree as outlined below in the Application Submission Requirements. Application Submission Requirements. An application for a street tree removal permit shall include all of the following information. 1. Application Form and Fee. The application must include the information requested on the Street Tree Removal Permit form provided by the City of Ashland and the permit application fee. Only those property owners of a lot adjoining the street tree location or homeowners' associations responsible for street trees in their development or subdivision may apply to remove an adjoining street tree. If a tree is located in front of more than one property, each property owner or homeowners' association official must sign the Street Tree Removal Permit form. 2. Site Plan. A site plan of the property drawn to scale containing the following information. The scale of the site plan must be at least one inch equals 50 feet or larger. a. North arrow and scale. b. Property boundaries including dimensions of all lot lines and driveway locations. c. Location and width of all public streets, planting strips, and sidewalks adjoining the site. d. Size, species, and location of the tree(s) proposed to be removed. 3. Written Statement. A written statement explaining how the proposed street tree removal satisfies one of the following approval criteria. The Community Development director may require additional information to demonstrate that the proposed removal satisfies one of the following approval criteria including: 1) a written statement to be prepared by an arborist licensed by the State of Oregon Landscape Contractors Board of Construction Contractors Board and certified by the International Society of Arboriculture or American Society of Consulting Arborists; and 2) an International Society of Arboriculture (ISA) Basic Tree Risk Assessment Form to be completed by an arborist. Street Tree Removal Approval Criteria a) Emergency Tree Removal The tree presents an immediate danger of collapse and represents a clear and present hazard to persons or property. Immediate danger of collapse is defined as a tree that may already be leaning, with the surrounding soil heaving, and/or there is a significant likelihood that the tree will topple or otherwise fail and cause damage before a tree removal permit could be obtained through the non-emergency process. b) Hazard Tree Removal. 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. A hazard tree is a tree that is physically damaged to the degree that it is clear the tree is likely to fall and injure persons or property. A hazard tree may also include a tree that is located within a public right-of-way and is causing damage to existing public or private facilities or services and such facilities or services cannot be relocated. c) Dead Tree. The tree is dead. A dead tree is lifeless. Such evidence of lifelessness may include unseasonable lack of foliage, brittle dry branches, or lack of any growth during the growing season. Replacement and Stump Removal. Applicants for approved Street Tree Removal Permits are required to remove any stumps and replace the tree. Stump removal and replacements for approved street tree removals shall meet the following requirements. 1. Any street tree removed shall be removed at ground level or lower. If a tree is removed below ground level, the surface must be restored to finish grade and any regrowth which occurs shall be promptly removed. 2. All street trees shall be an appropriate species selected from and planted according to the City of Ashland Recommended Street Tree List. 3. The minimum size for a replacement tree is eight feet in height or one inch in caliper measured at 12 inches above the root crown. 4. Applicants for a Street Tree Removal Permit may be required to replace the tree or trees being removed with a tree or trees of comparable value. 5. If a street tree is determined to be dead or dying, then the replacement need be no larger than the minimize size described above. Type of Tree(s) white pine Approximate Diameter at breast height 14" & 10" Height 35 -40 feet Canopy 15 - 20 feet Location of Tree Within the unimproved Fern Street right-of-way to the east of two vacant parcels on Elkader and South ountain. Reason for Request The trees are in the location of where the shared driveway that is required to access the vacant lots intersects with Fern Street. The two smaller trees removal allows for continued preservation of larger pines, fir and cedars on as functions like a private driveway for five residences. ved Are there underground utility lines and/or overhead power lines present? Yes. If yes, please list which lines are present Underground electric storm drainage lines Is there sidewalk damage? If yes, has a Public Works permit been issued? OVER iā–ŗ® CAUsers\]ucasa\Desktop\Street Tree Removal Permit _Revised 2016.doc DESCRIPTION OF PROPERTY Street Address _ 662 South Mountain Avenue Assessor's Map No. 39 1 E 16AA Tax Lot(s) 9001 Zoning R-1-7.5 Comp Plan Designation Single Family Residential PROPERTY OWNER Name Livni Family Trust Phone 510-913-5110 E-Mail helmansprings@gmail.com Address 435 Tucker City Ashland Zip 97501 Name Phone E-Mail Address City Zip PROFESSIONAL PERFORMING THE TREE REMOVAL (e.g., tree service) Name Phone E-Mail Address City Zip ARBORIST, LANDSCAPE ARCHITECT OTHER Title Name Phone E-Mail Address City Zip Title Name Phone E-Mail Address City Zip As owner of the property involved in this request, I have read and understood the complete application and its consequences to me as a property owner. I hereby certify that the statements and information contained in this application are in all respects, true and correct 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 to support this request; 2) that the information contained in this application are adequate, and further 3) that all trees, structures, or improvements are properly located on the ground. -7 - - Pr arty Owner's Signature (required) Date STAFF DECISION: Permit is hereby (circle one): Approved Approved with Conditions Denied i Conditions of Approval i s i i Is the tree 18" d.b.h or greater? 0 NO ā‘ YES Has the City Administrator has been notified. ā‘ NO ā‘ YES Community Development Director/Manning Manager Signature Date i f CAUsersUucasa\Desktop\Street Tree Removal Permit Revised 2016.doc t July 20, 2018 Public Right-of-Way -'Tree Removal Subject Property Address: Trees located within City of Ashland ROW Adjacent addresses: 662 S. Mountain 1135 Fern Street &4A (,P2-k c (dap & Tax Lot: 39 1E 16AA: Tax Lot 9001 & 9000 Property Owner: Livni Family Trust Gil Livni Trustee 453 Tucker Ashland, OR 97520 Request for tree removal permit to remove two Douglass Fir trees that are along the south side of the unimproved portion of the Fern Street right-of-way that extends between Elkader and Mountain Avenue. The trees are among the 12 trees more than 10-inch DBH that are within the unimproved ROW. Two of the trees are located at the intersection of the shared driveway to access three parcels and Fern Street ROW. The request to remove these two smaller stature trees facilitates the preservation of a five larger stature, Pine, Fir, Spruce, and Oak trees that are in the public right-of-way and adjacent to the right-of-way on the private property. The trees are within the public right-of-way and according to the Ashland Municipal Code, trees in the public right-of-way requires a Street tree removal permit. There are no criteria for removal of a street tree found within the Street Tree Ordinance (AMC 13.16). There is an application form that was created in 2016 which imposes language for when street trees are allowed to be removed. Based upon the application form, trees are not permitted to be removed from public right-of-way unless the trees are dying, dead or deemed hazardous. The two pine trees requested for removal from the public right-of-way are not hazardous, but they do prevent the vehicular access to the property from the Fern Street right-of-way and they prevent installation of the public infrastructure in the Fern Street right-of-way that then prevents the installation of private utility infrastructure to service the three existing and one new parcel. When the parcels located at 39 1E 16AA: Tax Lot 9001 & 9002 were created in the 1980s, tax lot 9001 was required to take access from the unimproved portion of the Fern Street right-of-way. i The Land Use Ordinance now requires that all lot access be taken from the shared driveway, with the request to partition the lot at 1135 Fern Street (39 1E 16AA, 9000) access from the shared driveway was proposed, and required as a condition of approval. In order to access the shared driveway location and retain the existing street development pattern, two smaller stature trees are required to be removed. There are numerous larger stature pine trees in the vicinity of the two trees. The tree removal will not lead to erosion or soil stability because the area where the trees are is generally level and the location will be graded and the driveway installed. There are no surface waters on the site and the trees are not part of a wind break. 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I ELI, }RIa EtiylCES ~ x^ 1 SERVICE i City of Ashland ` Community Development Department PERMIT i' UMDER 51 Winburn Way TREE-2018-00020 Ashland, OR 97520 Telephone: 541-488-5305 PPIy Date: 7/24/2018 y' ~1 Inspection Line: 541-552-2080 Plan Type: Tree Removal Work Class: Tree Removal Permit Reviews Map & Tax Lot Property Address 391 El6AA9000 621 Elkader St Owner Information Applicant Information Owner: Livni Family Trust Applicant: Rogue Planning and Development Owner 621 Elkader St Applicant 33 N Central Ave 213 Address: Ashland, OR 97520 Address: Medford, OR 97501 Phone: (510) -91-3-5110 Phone: (541) 951-4020 Project Description Fees Fee Description: Amount:' Tree RemovalNerification Fee (Type 1) $30.00 Appli nt: Date: - ~y I Total Fees: $30.00