HomeMy WebLinkAboutThird_70_TREE-2018-00036
CITY OF
ASHLAND
December 21, 2018
Notice of Final Decision
On December 21, 2018, the Community Development Director approved the request for the
following:
Planning Action: TREE-2018-00036
Subject Property: 70 Third Street
Applicant: John Fields/Natalie Ives-Drouillard
Description: A request for a Tree Removal Permit to remove 36" Ponderosa Pine. The
tree was proposed to be protected as part of PA-T1-2018-00015. The application states the owner
wishes to remove the tree for garden space and the addition of solar panels to the roof. The tree is
crowded and the addition of an accessory unit on the property will severely impact the tree's health
as the unit will require excavation in its root zone and limbs to be removed to provide clearance.
COMPREHENSIVE PLAN DESIGNATION: Low Density Multi-Family Residential;
ZONING: R-2; ASSESSOR'S MAP: 39 lE 09 BD; TAX LOT: 1400.
The Community Development Director's decision becomes final and is effective on the 12"' 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 Fotini Kaufman 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
www.ashlantl.orms -
SECTION 18.5.1.050 Type I Procedure (Administrative Decision with Notice)
E. Effective Date of Decision. Unless the conditions of approval spccify otherwise or the decision is appealed pursuant to
subsection 18.5.1.050.G, a Type I decision beconies effective 12 days after tine City mails the notice of decision.
F. Reconsideration. The Staff Advisor may reconsider a Type I decision as set forth below.
I. Any party entitled to notice of the planning action, or any City department may request reconsideration of the action
alter 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.
Recoils iderationn 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 malting a decision.
2. Reconsideration requests shall be received within five days of mailing the notice of decision. Tile 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:
I. 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 1 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 all 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 ofAppeal. The notice of appeal shall be accompanied by the required filing fee and shall contain.
i. An identification of the decision being appealed, including the date of the decision.
ii. A statement demonstrating the person filing the notice of appeal has standing to appeal.
iii. A statement explaining the specific issues being raised our appeal.
iv. A statement demonstrating that the appeal issues were raised during the public comment period.
d. Tine appeal requirements of this section Must be fully niet 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 Lip to the Type I decision, but may include other relevant evidence and
arguments. Tine 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 tine 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
wtiyw.ashland,or.us -
ASHLAND PLANNING DIVISION
FINDINGS & ORDERS
PLANNING ACTION: TREE-2018--00036
SUBJECT PROPERTY: 70 Third Street
APPLICANT/OWNER: John FieldslNatalie Ives-Drouillard
DESCRIPTION: A request for a Tree Removal Permit and Modification to the original
planning application T1-2018-00015 to remove a 36" Ponderosa Pine at the rear of the property at 70
Third Street. The tree was proposed to be protected as part of a Site Design Review approval for an
accessory residential unit (ARU) in PA-T1-2018-00015. The tree is located approximately eight feet from
the foundation of the ARU and the application states the construction will severely impact the tree's health
as the unit will require excavation in its root zone and limbs to be removed to provide clearance.
SUBMITTAL DATE: November 15, 2018
DEEMED COMPLETE DATE: November 28, 2018
STAFF APPROVAL DATE: December 21, 2018
DEADLINE TO APPEAL (4:30 p.m.): January 3, 2018
FINAL DECISION DATE: January 4, 2018
APPROVAL EXPIRATION DATE: July 2, 2020
DECISION
Planning Action #TREE-2018-00036 requests a Tree Removal Permit and Modification to the
original planning application T1-2018-00015 to remove a 36" Ponderosa Pine at the rear of the
property at 70 Third Street. The lot is approximately 0.12 acres in size and is zoned R-2. A pre-
existing single-family residence is located at the front of the lot.
PA-T1-2018-00015 was a request for Site Design Review for a 499 square-foot ARU to be built
at the rear of the lot and the tree was proposed to be saved at that time. The tree is located
approximately eight feet from the foundation of the Ai U. Due to the close proximity between the
tree and the proposed building site, a condition was added to the Site Design Review approval to
require further findings "to determine the best treatment for the tree's protection zone during
construction. . -
The request to remove this tree meets the following approval criteria for a "Tree That is Not a
Hazard." The first criterion states, "The tree is proposed for removal in order to permit the
application to be consistent iidth other-Land Use Ordinance requirements and standards. " In order
to comply with the newly adopted Wildfire Ordinance, the application says the tree would have to
have limbs removed 26-feet above the ground level to provide the 10-foot clearance above the new
structure. The removal of limbs 26-feet above the ground constitutes a third of the existing branch
structure and the loss of foliage weakens a tr'ee's natural defenses. In addition, a ten-inch diameter
root is observed headed in the direction of the proposed building site from the tree. The application
states that the large root likely has additional lateral roots. The subsoil level beneath the structure
would need to remain intact to not disturb the roots and save the tree, and the height of the structure
would need to be raised to accommodate the foundation. The application states that raising the
foundation of the ARU will not meet the property owners need to have an accessible residential
PA-TREE-2018-00036
70 Third Street/fk
Page l
unit. In addition, the application estimates the needed change in the foundation will significantly
raise the construction cost.
The second criterion states, "Removal of the free will not have a significant negative impact on
erosion, soil stability, jloiv ofsurface waters, protection ofadjacent trees, or existing windbreaks. "
The lot is relatively flat and located less than 150-feet from Downtown. The removal of this tree
will not have a significant negative impact on erosion, soil stability, flow of surface waters,
protection of adjacent trees or existing windbreaks.
The third criterion states, "Removal of the tree tit,ill 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 alloiv the property to be used as permitted in
the zone. " The tree removal's impact on the tree density and canopy is proposed to be mitigated
with the planting of four deciduous trees, more appropriately sized for the lot's density and
location.
The fourth criterion states, "Nothing in this section shall require that the residential density be
reduced belmi, the permitted density allowed by the zone. " The property is zoned for multi-family
development and this R-2 zoning allows the addition of an accessory residential unit to the subject
property. The lot is relatively long and narrow with a historic home situated in the front half of
the property and off-street parking provided at the rear of the property and accessed by the alley.
At. 12 of an acre or 5, 227 square feet, the lot is slightly larger than the minimum lot size of 5,000
square feet for the R-2 zone. The placement of the historic home at the front and the parking at the
rear leaves a limited building area at the rear of the lot. Approximately half of the building is
occupied by the tree and tree roots with the canopy almost reaching the north property line. As a
result, there is not an alternative location on the subject property to locate an ARU.
The fifth criterion states. "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.. " As stated earlier, the application-proposes four new trees to
be planted to mitigate the Ponderosa's removal.
Staff received one comment from an adjacent neighbor who felt the tree was beautiful, contributes
to the character of the neighborhood and should be saved. The comment also remarked that the
proposed addition should be rethought if it is not compatible with the preservation of the tree. The
Land Use Ordinance explicitly states that Tree Removal cannot be used to require permitted
density to be reduced.
The Ashland Tree Commission reviewed this request at their meeting on December 6, 2018. The
commissioners discussed their belief that the tree would not survive construction, but
recommended requiring the original exploratory excavation and assessment by an arborist to
determine the trees ability to withstand construction. If the arborist determined saving the tree is
not feasible, the conunission reconnnended conditionally approved removing the tree. The
Conunission additionally felt tree could be removed with mitigation and replaced with large stature
native conifer if it was found not able to be saved.
PA-TREE-2018-00036
70 Third street/M
Page 2
The Modification to the previously approved PA-TI-2018-00015 requires the application for a
Tree Removal Permit. Subsequent to PA-T1-2018-00015, the Land Use Ordinance was changed
to allow properties with ARUs to be exempt from a Tree Removal Permit per 18.5.7.020.C. Under
current Land Use Ordinance requirements, an application for the addition of an ARU is exempt
from the Tree Removal Permit process. As a result, a Tree Removal Permit is not currently
required for the same situation.
Staff finds the application has sufficiently demonstrated compliance with all applicable approval
criteria.
The criteria for Tree Removal Permit approval are described in AMC section 18.5.7.040.B
as follows:
1. Hazard Tree. A Hazard Tree Rernroval Permit shall he granted if the approval authorityy finds that
the application meets all of the following criteria, or can he nnade to connfornnn 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 propert)) or a foreseeable
danger of property damage to an existing structure on• facdrty, and such hazard or danger
cannot reasonably be alleviated by treatment, relocation, or pruning. See definition of
hazard tree in part 18.6
h. 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.
Tree That is Not a Lazard. A Tree Removal Permit far a tree that is not a hazard tree shall be
granted if the approval authorityfinds 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 tivith
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 pent 1& 3.10.
b. Removal of the tree will not have a significant negative intpact on erosion, soil stability,
jlaw of sunface-ivatens, protection of adjacent trees, or existing windbreaks.
c. Removal of the tree ivill not have a significant negative impact on the tree densities, sizes,
canopies, and species diversity within 200 feet of the s ubject propero 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 deternnination, the City may consider
alternative site plans or placement of structures of alternate landscaping designs that
ivould lessen the impact on trees, so long as the alternatives continue to comply with the
other provisions of this on dinance.
e. The City shall require the applicant to mitigate for the removal of each tree granted
approval pia suant to section 18.5.7.050. Stich mitigation requirements shall be a condition
PA-TREE--2018-00036
70 Third Street/fk
Page 3
of approval of the permit.
The application with the attached conditions complies with all applicable City ordinances for a
Tree Removal Permit for a tree that is not a hazard. Planning Action #TREE-2018-00036 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 #TREE-2018-00036 is
denied:
1) That all proposals of the applicant shall be conditions of approval unless otherwise
modified herein.
2) That one (1) mitigation tree shall be planted on site within 18 months of issuance
of this decision.
3) That the mitigation tree shall be planted at a minimum of a I%-inch caliper
consistent with the requirements of AMC 18.5.7.050.
I r'~
b -
Bill Molna , Director Date
Commuri Development Department
PA-'TREE-2018-00036
70 Third Streat/fk
Page 4
1
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 December 21, 2018, 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 ##TREE-2018-00036, 70 Third Street.
gnature of Employee
C:MUserslsm~ihdaAF'NIiEWesktap4A,FFIDNWI'T OF MAILING-ds.docx 12J2112018
TREE-2018-00036 391 E09BD 2500 TREE-2018-00036 391 E09BD 1100 TREE-2018-00036 391 E09BD 500
37 THIRD LLC ALLEN BARBARA A TRUSTEE ET AL CHALLMAN KENNETH W/SARAH R
PO BOX 1018 200 HELMAN ST 39 4TH ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
TREE-2018-00036 391 E09BD 1400 TREE-2018-00036 391 E09BD 400 TREE-2018-00036 391 E09BD 1800
IVES-DROUILLARD NATALIE MAY TRT LARSON WENDY D/MATTHEW W LEMANNE DAWN TRUSTEE ET AL
1038 W HOMESTEAD RD 47 FOURTH ST 435 GRANITE ST
SUNNYVALE, CA 94087 ASHLAND, OR 97520 ASHLAND, OR 97520
TREE-2018-00036 391 E09BD 700 TREE-2018-00036 391 E09BD 300 TREE-2018-00036 391 E09BD 80003
MAINSTREETASHLAND LLC MCINTYRE MARTHA M TRUSTEE ET AL MCNEAL KATHLEEN DAYLE
485 E MAIN ST 58 FOURTH ST 450 C ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
TREE-2018-00036 391 E09BD 2400 TREE-2018-00036 391 E09BD 80002 TREE-2018-00036 391 E09BD 1801
MITTLEMAN PROPERTIES U S BANK PEARCE DARREL RANDOLPH HAYS LLC
PROPERTIESIFLEAHMAH LEIGH 448 C ST PO BOX 1220
2800 E LAKE ST ASHLAND, OR 97520 MEDFORD, OR 97501
MINNEAPOLIS, MN 55406
TREE-2018-00036 391 E09BD 1000 TREE-2018-00036 391 E09BD 100 TREE-2018-00036 391 E09BD 200
ROGUE FEDERAL CREDIT UN10N ROGUE VALLEY UNITARIAN ROGUE VALLEY UNITARIAN/
ATTN ACCOUNTS PAYABLE 87 FOURTH ST 65 4TH ST
PO BOX 4550 ASHLAND, OR 97520 ASHLAND, OR 97520
MEDFORD, OR 97501
TREE-2018-00036 391 E09BD 80001 TREE-2018-00036 391 E09BD 1500 TREE-2018-00036 391 E09BD 1300
SLATTERY DENNIS ET AL STANLEY MICHAEL J/PAUL KIRSTEN THIRD STREET PROPERTIES LLC
94 N 3RD ST 4435 HARDING AVE 129 ALMOND ST
ASHLAND, OR 97520 LOS ANGELES, CA 90066 ASHLAND, OR 97520
TREE-2018-00036 391 E09BD 2100 TREE-2018-00036 391 E09BD 2300 TREE-2018-00036 391 E09BD 1600
VAN VLEET & ASSOCIATES INC WELLES RANDAL TRUSTEE ET AL WILLIAMS JONATHAN L TRUSTEE
375 LITHIA WAY 1126 BACKLUND PL 78 N THIRD ST
ASHLAND, OR 97520 EUGENE, OR 97401 ASHLAND, OR 97520
FIELDS JOHN CARLOS DELGADO ARCHITECT ROGUE PLANNING & DEV
845 OAK ST 217 FOURTH ST AMY GUNTER
ASHLAND, OR 97520 ASHLAND, OR 97520 33 N CENTRAL AVE STE 213
MEDFORD, OR 97501
KEELEY NANCY 70 Third St
78 THIRD ST 12-21-18 - NOD
ASHLAND, OR 97501 25
Planning Action: Tree-2018-00036
Subject Property: 70 Third Street
We have received the above referenced Notice of Application with request
for tree removal. We are strongly opposed to removal of the 36"
Ponderosa Pine at 70 Third St.
We were comfortable with the initial application for an addition on that
property that included proposed protection of the tree. That was very
appropriate since Ashland prides itself on being a "Tree City". This tree
contributes to the character of the neighborhood in the Historic Railroad
District. The tree in question is a well established heritage tree and we
have enjoyed its beauty ever, since we moved into our home on Third St in
1979. What is a "heritage tree" if it can be easily removed for the
convenience of'a builder,/property owner"
The current application for removal states that the tree is "crowded". The
tree is no more crowded now than it was when I moved into the
neighborhood in 1979.
The application also states that the owner wants the tree removed' for
"garden space". The tree is currently part of a lovely garden space, so this
does not make sense.
If preservation of the tree is not compatible with the proposed addition
then perhaps that permit needs to be reviewed.
! V
Planning Department, 51 Winbu.., day, Ashland, Oregon 97520 C I T Y F
\ 541-488-5305 Fax: 541-552-2050 www.ashland.or.us TTY: 1-800-735-2900 H LAND
NOTICE OF APPLICATION
PLANNING ACTION: Tree-2018-00036
SUBJECT PROPERTY: 70 Third Street
OWWNERIAPPLICAANT: John Fieldsf?Natalie Ives-Drouil lard
DESCRIPTION: A request for a. Tree Removal Permit to remove 36" Ponderosa fine. The tree was proposed to
be protected as part ofPA-T1-2018-0001.5. The application states the owner wishes to remove the tree for garden
space and the addition of solar panels to the roof. The tree is crowded and the addition of an accessory unit on the
property will severely impact the tree's health as the unit will require excavation in its root zone and limbs to be
removed to provide clearance, COMPREHENSIVE PLAN DESIGNATION: Low Density Multi-Family
Residential; ZONING: R-2 ASSESSOR'S MAP: 39 1E 09 IUD; TAX LOT: 1400.
MOTE: The Ashland Tree Commission will also review this Planning Action on Thursday, December 6, 2018 at 6:40 PGA in the Community
Development and Engineering Services building (Siskiyou Room), located at 51 winburn Way.
NOTICE OF COMPLETE APPLICATION: November 28, 2018
DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: December 112, 2018
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The Ashland Planning Division Staff has receiv+:d a complete a9plication 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 18.51.050.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.
Document,
TREE REMOVAL PERMIT
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.
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.
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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 97526, in the Community Development Department.
2. On November 28, 2018 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 #TREE-2018-00036, 70 Third St. NOC.
n
Signature of Employee
G.4comm-de^V,plannVnglTemplaYeshTP6iPLATP_Affidavit of Making-Planning Acton Natca.dou 1112W018
r
iTree-2018-00036 391E09BD 2500 Tree-2018-00036 391E09BD 1100 Tree-201.8-00036 91E09BD 1200
37 THIRD LLC ALLEN BARBARA A TRUSTEE ET AL ALLEN BARBARA A TRUSTEE ET AL
PO BOX 101.8 2.00 HELMAN ST 200 HEL,v'Ii N ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
Tree-2018-00036 391E09BD 500 Tree-2018-00036 391E09BD 1.400 Tree-2018-00036 391E09BD 400
CHALLMAN KENNETHW/SARAH R IVES-DROUILLARD NATALIE MAY REVTR LARSON WENDY D/MATTHEW W
39 4TH ST 1038 W HOMESTEAD RD 47 FOURTH ST
ASHLAND, OR 97520 SUNNYVALE, CA 94087 ASHLAND, OR 97520
Tree-2018-00036 391E09BD 1800 Tree-2018-00036 391E09BD 700 Tree-2.018-00036 391E09BD 300
LEMANNE DAWN TRUSTEE ET AL MAINSTREETASHLAND LLC MCINTYRE MARTHA M TRUSTEE ET AL
435 GRANITE ST 485 E MAIN ST 58 FOURTH ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
Tree-2018-00036 391E09BD 80003 Tree-2.018-00036 391E09BD 2400 Tree-2018-00036 391 E09BD 80002
MCNEAL KATHLEEN DAYLE ~MITTLEMAN PROPERTIES PEARCE DARREL
450 C ST 2800 E LADE ST 448 C ST
ASHLAND, OR 97520 MINNEAPOLIS, MN 55406 ASHLAND, OR 97520
Tree-2018-00036 391E09BD 1.841 Tree-2018-00036 391E09BD 1000 Tree-201.8-00036 391E09BD 100
RANDOLPH HAYS LLC ROGUE FEDERAL CREDIT UNION ROGUE VALLEY UNITARIAN!
PO BOX 1220 PO BOX 4550 87 FOURTH ST
MEDFORD, OR 97501 MEDFORD, OR 97501 ASHLAND, OR 97520
Tree-2018-00036 391E09BD 200 Tree-2018-00030 391E09BD 80001 Tree-2018-00036 391E09BD 1500
ROGUE VALLEY UNITARIAN/ SLATTERY DENNIS ET AL STANLEY MICHAEL J/PAUL KIRSTEN
65 4TH ST 94 N 3RD ST 4435 HARDING AVE
ASHLAND, OR 97520 ASHLAND, OR 97520 LOS ANGELES, CA 90066
Tree-2018-00036 391E09BD 1300 1"ree-2018-00036 391E09BD 2100 Tree-2018-00036 391E09BD 2300
THIRD STREET PROPERTIES LLC VAN VLEET & ASSOCIATES INC WELLES RANDAL TRUSTEE ET AL
129 ALMOND ST 375 LITHIA WAY 1126 BACKLUND PL.
ASHLAND, OR 97520 ASHLAND, OR 97520, EUGENE, OR 97401
Tree-2018-00036 391E09BD 1600 TREE-2018-00036
WILLIAMS JONATHAN L TRUSTEE ET AL JOHN FIELDS
78 N THIRD ST 845 OAK STREET
ASHLAND, OR 97520 ASHLAND, OR 97520 r' t
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ZONING PERMIT APPLICATION
! Division Planning 51 burn Way, Adbland OR 97520
-.S I. ` l~ID 541-488-,5305 Fax 541-488-6006
DESCRIPTION OF PROJECT
DESCRIPTION OF PROPERTY Pursuing LEEDO Certification? ❑ YES I] NO
e,
Street Address !
! w Tax Lot(s)
Assessor's Map No. 39 1 E
u
Zoning Camp Plan Designation ~k ik,t~
APPLICANT Name
. _ ~ ~ Phone
P._. - 7 'W
Ile
Address cif zip r„ . War ~t
a
PROPERTY OWN I
Name E-Mail
Address 1 ` y vn,"I 1-~ qL 4a u, zip, r.
SURVEYOR ENGINEER ARCHITECT LANDSCAPE ARCHITECT OTHER .a _ .
Title Name Phone E-Mail
Address clay Zip
Tike Name Phone E-Mail
Address City Zip -
1 hereby certify that the statements and information contained in this application, including the enclosed drawings and the required findings of fact, are in ali respects,
true-and correct, i understand that all propertypr"ns most be shown an the dragags and visible upon the site inspection. In the event the pins are not shovrn'or their
location found to be incorrect, the owner assumes full responsibflft -1 further understand that if this request is subsequently contested, the burden Wit be on me to
establish.
1) that 1 produced sufrcleni factual evidence at the hearing to support this request;
2) that the findings of fact furnishe Esy ifi ofthe request;
dr'ngs of me are adequat; d-further
4) that all s ures onor~ edly located o the.ground
Failure f -this regard sv` re ult most ilk y in not on y s sing sef aside, but also possibly in mgr structures being built in reliance thereon being-required to
beremoved y p if l a bts, m adwis o seek competent professional advice nd ass), ' anca: _ _
pilcant's gnature Date
s owner of the property involve fn this request, 1 have read and understood the complete application and its consequences tome as a property
.
Property Ownees Signature (required) Date
[To bs ma plated by Cry Wi]
Rate Received Zoning Permit Type Filing Fee
OVER
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. G:lromm-dew4plemniu~lFgnns Bc f3aa~dauts'~Oning Pcnnt et~rlwr,~4taa.doa
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'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:-
• firing 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
owners), 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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11/15/2018 70 Third Street
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II John Field's <goldenfields22 gnnail.eom> Reply all I v
Today, 11:09 AM
Fotini Kaufman
Inbox
rotini,
here are a few photos for the tree removal. You can see the second pink line to the left is where the foundation line is for the proposed
structure. The new walkways, the bike racks, the garbage recycling not to mention staging the construction on the root zone are all
detrimental to the trees ultimate survival.
Thanks for your help.
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FittlosWoutlook.office365.coi-ntowa/projection.aspx 314
Tree removal request- . J Third Street 11/14/2018
TD: City Of Ashland- Planning and Tree Commission.
FROM: John FIelds-Golden-Fields Construction and Design - Agent
541-482-8442 John rr7g1delr-fields.net
Natalie Ives-Drouillard
RI?: Finding of Fact for Tree Removal for Property situated 70 Third Street
39 IB 09 BD TT, 1400- Ashland, Oregon
Modification of planning action PA-2018-TI-00015
To whorn it may concern:
The Subject property had the Final decision hosted on August 29, 2018. Within that
approval the 36" diameter Ponderosa fine was slated for preservation. In the discovery,
of information to move forward on this project several facts and problems have arisen
and we are requesting a tree removal permit for the tree.
The original desire of the home owner was for the removal of the tree. She is terrified
about fire danger and felt the pine and constant shedding of needles was a hazard. The
A<hland Fire Department successfully developed ami ordinance requiring all : iructures
within City limits to have to Dines within 30' of new structures prohibited. I met with the
Fire Department regarding this tree in particular and apparently the Tree advocates and
property ownership advocates had convinced them to back off of this requirement
regarding existing trees. I do believe that in this kind of small scale development, if a
property owner would like to keep a tree that it should not be a hardship in the planning
process.
But we do feel that if an owner does not want an existing tree on single fancily
residence that they should be given the latitude to rci-nove it.
3. Removal of trees in multi-family residential and health care zones on tots
occupied only by a single-family detached dwelling and associated accessory
structures where the property cannot be further developed with additional dwelling
units other than an accessar residential unit except as otherwise regulated by
chapter 113 Physical and Environmental Constraints Overlay, and
chapter f 8 9 9 Water Resource Protection Zones (Overlays).
What we have in this case is a homneowner who prefers the tree to be removed. There
are competing considerations that she would like brought into this decision..
1. The owner would like to have a garden with fruit trees. Right now the entire back
half of the property is covered in shade and has a constant layer of pine needles.
2. The design has the tree approximately 8' away from the foundation.
a. The tree would have to have the limbs removed 26' above the ground level
to provided the 10' elearance above the new structure. This is
approximately 173 of the existing branch structure.
b. The mitigation required to save this tree requires that the roots be air-
spaded free to reveal the structure and then have the engineer conic to ilhc
site and design a pier and grade beam foundation structure over therrmt
Page l
Tree removal rec nest- , o "Third street
11l14l2018
YOU can observe a 10" diameter, toot ]leading towards the proposed
structure. "]'here are probably additional lateral roots. If we were to leave
this giant root extending under the new structure we will have to have the
subsoil level under the structure remain intact. The height of the building,
will need to be raised all addition Y plus higher than proposed, The crawl
space will also be more susceptible to rodent and animals getting into the
crawl space due to the fact that the foundation grade beam will not be into
the grade at the point it passes over the roots.
c. There is a requirement to protect the root zone from construction. There is
no way to build this structure without impact to the root structure. There
is no other area to stake the work..
d. The plan also shows the gate entry moving to the 'Jest. When tale
required garbage enclosure and bike structure are built, this will be further
encroachment into the drip zone. The Plan does not show the pathway,
but the owner would like to have a concrete walkway connecting parking,
garbage enclosure and bike rack to both the existing house this proposed
ADU..
e. Although everyone wants to save a beautiful tree, there seems to be a
certain level of denial that does not see the impact of these necessary
improvements to the trees ultimate health. It's a risk that will cost an
additional $10,000 and will create a liability for the new ADD in the event
that it has to be renxoved or there is significant damage from limbs
dropping or disruption of the foundation by the encroaching root structure.
It the tree is removed after construction the cost ofreMoval will double on.
top of all the extra expense for all attempt to save it.
2. Tree That is Not.a Hazard. A Tree Removal Permit for a tree that is not a
hazard shall be granted if the apprc~ anal authority finds that the application
meets all of the following criteria, or can be made to conform through the
imposition of conditions.
`r. The ti-ee is proposed for- rerrroval in order to permit the application to be consistent
with other applicable Land Use Ordinance requh,enaents rand str ndards, inclu(Iing but
not limited to applicable Site Development anddesign Standards in part and
Physical and Environmental Constraints in par-t 18.3.10.
3. She would like to regain leer solar access so that she can install solar panels.
Fight now the tree deprives the solar rights of not only this property, but also
effects the neighbor to the ]North. Rcirioval of the tree would allow excellent
access. The owner would like to have ability to install a Photo "Voltaic array
supplying green energy to the ADU reducing carbon impact of the development
Page 2
Tree removal request- 70 Third Street 1 1l14l201 &
r
b.Removal of the tree will not har,e as significant negatit,e inq)act on erosion, soil
stability, fora of saarfrace waters, protection of adjacent trees, or existing tiviradbreaks.
4. There will be no significant impact oil erosion by removal of this tree. In fact
removal of the tree will allow the project to manage its storm water as required by
the findings and order. Currently there is no storm water facility in the street or
the alley of this subject project. We have discussed this mwith the City Storm
water- management department they agreed that we will provide a French drain (a
sump with drain rock to handle the storm water from the roof) which will be
accommodated in the removed tree's location.
c.ltermwal of the tree will not har,e a significant negative impact on the tree alensities,
sizes, canopies, and species diversity r0thin 200 feet of the subject prol)erttx, The Gifu
shall grant an exception to this criterion when alternatives to the tree rernor,al have
been consi(tered and no reasonable alternative exists to aallorr) the property to be used as
permitted in the zone.
Although there will be all impact on the tree density and canopy, ,v~,e will mitigate
the impact by providing 4 deciduous trees that are on the preferred fire saf, list, Probably
three fruit trees and one Oak or Maple that will replace the lost canopy. We will meet the
goal of the Wildfire Ordinance in goal to reduce fire hazard and create 30' buffer from.
flammable Ponderosa fines.
al.Nothing in this section shall require that the residential (tensity to be realueecd below
the pern, fitted density allowed by the zone. In making this (leterrrrination, the City naatr
consider alternative site plans or placement of structures of alternate landscal)ing
designs that )vault lessen the impact on trees, so long as the alternatives continue to
cornl)ly with the other- provisions of this ordinance.
There is no alternative placement of this ADU structure on the property. If we there
is going to be this kind of investment in this property, the current location of the tree is
consequential in the decision to develope the ADU on this site.
e. The City) shall require the meant to rnitigate.for the removal of each tree granted
apl)roval pursuant to sectr`orr `mot?."~d Such mitigation requirements shall be a
condition of approilarl of the permit.
We will replace the removed the tree with four new trees as stated above.
Page 3
l aee; removal request- , k) I "l hird Street 1
11/14/2018
In summary, l be]leve the alternative for the owner in lieu on not getting; a tree removal
permit would be to withdraw the ADD approval .and reapply for all accessory building
without the stove. With this modification the owner could remove the requirements fat- a
separate electric service, bike storage facility, and garbage enclosure and simultancotosly
have the ability to remove the tree without a permit.
-Sonietinles we have to accept that trees get planted in the wrong place, It is 70 year old
tree that is quite lovely, but creates a looming hazard that the owner prefers not have to
contend Nvith. In addition to this, it deprives her of the ability to grow a garden, have
solar access and landscape appropriately for her desired use,
I am hoping that this clarifies our request for the M-110val-ofthe.tree at 70 Third
street. Let the know if you have any ques(ions.
R s dtf y,
J hn Fields
_C:Iolden-Fields Construction and Design, Ltd.
Page 4 au.[
1
l
Y City of Ashland
75
'
Community Development Department PERMIT NUMBER 51 Winburn, ` TREE-2018.00036
s, y
Ashland, OR 97520
Apply Date: 11l1512018
Telephone: 541-488-5305
Inspection Line; 541-552-208,0
Plan Type: Tree Removal
Work Class: Tree Removal Permit Review
Ma & Tax Lot 'Property Address
391 E09BD1400 70 Third St
Owner Information Applicant Information
Owner: Natalie Ives-Drouillard Applicant: Golden Fields Constr,tction & Design Ltd
Owner 70 Third Applicant 345 Oak St
Address: Ashland„ OR 97520 Address: Ashland„ OR 97520
Phone: (408) 483-3311 Phone: (541) 482-8442
Projec! Clescription
Tree Removal
Fees
Fee Description: Arnount:
Tree RemovalNerification Fee (Type 1) $30.00
y
wr
Applicant. ° " a. Date: I Total Fees: $30.00