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Home My WebLink AboutMountain_S_391_TREE-2018-00045 CITY OF -ASHLAND January 25, 2019 Notice of Final Decision On January 24, 2019, the Community Development Director approved the request for the following: Planning Action: TREE-2018-00045 Subject Property: 391 S. Mountain Owner/Applicant: Southern Oregon University/Canopy LLC Description: A request for the removal of a 34-inch diameter in breast height (DBH) Black Locust. The application states the tree is in advanced stages of decline and roughly 75- percent of its crown is dead. COMPREHENSIVE PLAN DESIGNATION: Low-Density Multi- Family; ZONING: R-2; ASSESSOR'S MAP: 39 lE 09DD; TAX LOT: 900. The Community Development Director's decision becomes final and is effective on the 12't' 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 Winbum Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.o€ ms 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 18,5.1.0%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 tine 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 all 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 I decision pursuant to subsection 18.5.1.050.B. e. 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. Thee 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 ofAj)peal. 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 tine 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 rnade by the Staff Advisor shall be de novo hearings before the Planning Commission. The appeal shall not be limited to the application materials, evidence and other documentation, and specific issues raised in the review leading up to the Type I decision, but may include other relevant evidence and arguments. The Commission may allow additional evidence, testimony, or argument concerning any relevant ordinance provision. 4. Appeal Hearing Procedure. Hearings on appeals of Type I decisions follow the Type 11 public hearing procedures, pursuant to section 18.5.1.060, subsections A _W E, except that the decision of the Planning Commission is the final decision of the City on an appeal of a Type I decision. A decision on an appeal is final the date the City mails the adopted and signed decision. Appeals of Commission decisions must be filed with the State Land Use Board of Appeals, pursuant to ORS 197.805 - 197.860. COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541A88-5305 51 Winburn Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.or.us 7mall ASHLAND PLANNING DIVISION FINDINGS & ORDERS PLANNING ACTION: TREE-2018-00045 SUBJECT PROPERTY: 391 S Mountain APPLICANT: Canopy LLC OWNER: SOU DESCRIPTION: A request for the removal of a 34-inch diameter in breast height (DBH) Black Locust. The application states the tree is in advanced stages of decline and roughly 75- percent of its crown is dead. COMPREHENSIVE PLAN DESIGNATION: Low-Density Multi-Family; ZONING: R-2; ASSESSOR'S MAP: 39 lE 09DD; TAX LOT: 900 SUBMITTAL DATE: December 21, 2018 DEEMED COMPLETE DATE: January 4, 2019 STAFF DECISION DATE: January 25, 2019 DEADLINE TO APPEAL (4:30 p.m.): February 6, 2019 FINAL DECISION DATE: February 7, 2019 APPROVAL EXPIRATION DATE: August 7, 2020 DECISION This proposal is to remove one Black Locust tree from 391 South Mountain Ave. The subject property is located on the West side of South Mountain Ave and is zoned low-density, multi-family residential (R-2). The East side of South Mountain and to the South is SOU zoning. To the West, the zoning is single-family residential (R-1-7.5) and R-2. The Black Locust is 34-inch DBH and located on the western end of the property. According to the application, it is in advanced stages of decline with roughly 75-percent of its crown dead. It borders a playground/soccer field, and the project arborist strongly recommends removal. The Tree Commission's January meeting was cancelled due to lack of quorum, so they did not review this application. In staff's assessment, the tree removal as proposed fully meets the "hazard" criteria. The criteria for a Tree Removal Permit are described in AMC Chapter 18.5.7.040.B as follows: 9. 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., TREE-2018-00045 391 S Mountain fk Page I 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. Planning Action #TREE-2018-00045, a request to remove one hazard tree, complies with all applicable City ordinances with the imposition of the conditions attached below. Therefore, Planning Action 4TREE-201$-00045 is approved. If any one or more of the following conditions are found to be invalid, for any reason whatsoever, then Planning Action #TREE-2015-00045 is denied. The following are the conditions and they are attached to the approval: I. That all proposals of the applicant shall be conditions of approval unless otherwise specifically modified herein. 2. That one (1) mitigation tree shall be planted on site within one (1) year of issuance of this decision. 3. That a mitigation tree shall be planted at a minimum of a 1'/2-inch caliper consistent with the requirements of AMC 18.5.7.050. Bill Molnar, hector D to of Community Development TREE-2018-00045 391 S Mowxtain/fk Page 2 AFFIDAVIT OF MAILING STATE OF OREGON ~ County of Jackson The undersigned being first duly sworn states that: 1. I am employed by the City of Ashland, 20 East Main Street, Ashland, Oregon 97520, in the Community Development Department. 2. On 1/25/191 caused to be mailed, by regular mail, in a sealed envelope with hostage 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 ##TREEW2018-00045, 391 S. Mountain. Signature of Employee ®ocument 1124;2019 TREE-2018-00045 391 E09DD 700 TREE-2018-00045 391 E09DD 600 TREE-2018-00045 391 E09DD 1001 ALVAREZ REALTY LLC ASHWORTH MARTINITRINA CULMER CARITA MARIE TRUSTEE ET AL 9967 SW COQUILLE DR 9509 W HUTTON DR 1069 HENRY ST TUALATIN, OR 97062 SUN CITY, AZ 85351 ASHLAND, OR 97520 TREE-2018-00045 391 E09DD 4600 TREE-2018-00045 391 E09DD 6198 TREE-2018-00045 391 E09DD 800 DELUCA RONALD L TRUSTEE ET AL JACKSON COUNTY PROPERTY MGMT SOUTHERN OREGON UNIVERSITY 228 MORNINGLIGHT DR PO BOX 1569 N. HURLEY ASHLAND, OR 97520 MEDFORD, OR 97501 450 WIGHTMAN ASHLAND, OR 97520 TREE-2018-00045 391 E09DD 1000 CANOPY LLC 391 S. Mountain SUBERT ERIC M TRUSTEE ET AL 157 MAX LOOP 1125119 NOD 2828 KAPIOLANI BLVD TALENT, OR 97540 7 HONOLULU, HI 96826 Manning Department, 51 Winuwn) Way, Ashland, Oregon 97520 ~ . I' " i 541-488-5305 Fax: 541-552-2050 www.ashland.or,us TTY: 1-800-735-2900 HU, NOTICE OF' APPLICATION PLANNING ACTION: TREE-2018-00045 SUBJECT PROPERTY: 391 S. Mountain OWNERPAPPLICANT: Southern Oregon University/Canopy LLC DESCRIPTION: A request for the removal of a 34-'inch diameter in breast height (DBH) Black Locust. The application states the tree is in advanced stages of decline and roughly 75-percent of its crown is dead. COMPREHENSIVE PLAN DESIGNATION: Low-Density Multi-Family; ZONING: R-2; ASSESSOR'''S MAP: 391E. 09DD; TAX LOT: 900'. NOTICE OF COMPLETE APPLICATION: January 4, 2019 DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: January 18, 2019 320 2 '2 993 12 ' 21 1 r 320 3~1 > ~ 1323; ~ 320 4 333 . ~tS~ 3- I x'328 ~ r E. ~ .1025 ~ 314 i Ob 347 f e~ Q J04 i 363 353, 351 1 65 35"5 l 333 r... 990 ~i 37561 < SUBJECT PROPERTY ~ 19101 37 _Z 1391 S MOUNTAIN 391 361 <r PLANNING ACTION #TR -2018-00045 I 399 U I 391 i1370 w HENRY ST so 077 399 I I..~ - "f7} q4' 1118 429 437 39 _ ;4 441 3436 1060 450 467 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 subunittall. Upon determination of completeness,, a notice is sent to surrounding properties within 20,0 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 t'he same properties within 5 days of decision. An appeal to the Planning Commission of the Planning Division Staffs decision must be made in waiting to the Ashland Planning Division within 12 days from the date of the mailing of final decision. (AMC 18.5.1.050.6) 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 07520. if you have questions or comments concerning this request, please feel free to contact Fotini Kaufman at 541-488-5305. C: lecannn-c1aa101~nni.np~li~lanninu rlckion517\asGcizu~; 1701derWaiW 1Vpiices & Signsn2019\TREF-2018-00045 dmca. TREE REMOVAL PERMIT 18.5.7.040.13 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 18.8, 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. Wcomm-devlplanningTlanning ActionsWolieing Folde,Wailcd notices Signsi2019JRFE-2018.00045_does 1 I AFFIDAVIT OF MAILING STATE OF OREGON 1 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 114119 II caused' to be imailed, 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-20118-90945, 391 S. Mountain. Signature of Employee DacurmenO 11412019 I f i TREE-2018-00045 391 E09DD 700 TREE-2018-00045 391 E09DD 600 TREE-2018-00045 391 E09DD 1001 ALVAREZ REALTY LLC ASHWORTH MARTINITRINA CULMER CARITA MARIE TRUSTEE ET AL 9967 SW COQUILLE DR 9509 W HUTTON DR 1069 HENRY ST TUALATIN, OR 97062 SUN CITY, AZ 85351 ASHLAND, OR 97520 TREE-2018-00045 391 E09DD 4600 TREE-2018-00045 391 E09DD 6198 TREE-2018°00045 391 E09DD 800 DELUCA RONALD L TRUSTEE ET AL JACKSON COUNTY PROPERTY MGMT SOUTHERN OREGON UNIVERSITY N. 228 MORNINGLIGHT DR PO BOX 1569 HURLEY ASHLAND, OR 97520 MEDFORD, OR 97501 450 WIGHTMAN ASHLAND, OR 97520 TREE-2018-00045 391E09DD 1000 TREE-2018-00045 391 S. Mountain SUBERT ERIC M TRUSTEE ET AL CANOPY LLC NOC 114199 2828 KAPIOLANI BLVD 157 MAX LOOP 8 HONOLULU, HI 96826 TALENT, OR 97540 1 I i i i i E J i i i f E i I E. I J ~ a _ 1 74x0 759 7 MkG 1 7~ fOi tl~I 40 lob 106 111 } 1 p,a 1 4 # ...........E ! 1!:'4 .RA'Y' 'j 1 1 1001) X11 Chi $1*0 4 01 4 701D d 57'0 71 - WOO 040 a n D n. 9 ~ tJuad}5 I ' 3 N r.^, X41 j 1 5101 aqVO City of Ashland Community Development Department PERMIT NUMBER 51 Winburn Way TREE-2018-00045 Ashland, OR 97520 Apply Date: 12)2112018 Telephone: 541-488-5305 Inspection Line: 541-552-2080 ,raka Plan Type: Tree Removal Work Class: Tree Removal Permit Review Ma & Tax Lot Pro a Address 391E09DD900 391 SMountain Av Owner Information Applicant Information Owner: Southern Oregon University Applicant: Canopy LLC Owner 1250 Siskiyou Blvd Applicant 157 Max St Address: Ashland, OR 97520 Address: Talent, OR 97540 Phone. (541) 821-1294 Phone: (541) 631-8000 Project Description - Tree removal of black locust. Fees Fee Description: Amount: Tree RernovalNerification Fee (Type 1) $30.00 Applicant: Date: Total Fees: $30.00 / ONINNG PERMIT APPLICATION l ~ C ( 1 TY O Qt' 51nrWinbun Ya Ashland OR 97524 1+ 1L E # "I ~ ate' ASHLAND 541-488-5305 Fax 541-488-6006 DESCRIPTION OF PROJECT DESCRIPTION OF PROPERTY Pursuing LEEDO Certification? ❑ YES a NO Street Address of I 7 0" pjF M F Assessor's Map No. 39 'I E Tax Lot(s) Zoning,- ` Comp Plan Designation APPLICANT Name " ° ~ I- L-- Phone ~k 1 E-Mail C_'Y. C-140 6 S0 01.3 ('a (5 14)1 c a ~M, Address t,) O-Y, %_0dP" City Zip PROPERTY OWNER Name '5 F` F ` i2 Phone C~ 4I) r E Mail i f s C"~fi" C)C G Address ~i t t F,_ City f `3Pt 1 -Zip ?n)L SURVEYOR ENGINEER ARCHITECT LANDSCAPE-ARCHITECT,, OTHER Title Name Phone E-Mail Address City Zip Title 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 h dings of facare in all rgsr°rts, true and correct. F understand that all properly pins must be shown on the drawings and visible upon the site inspecth t location found to be incorrect, the owner assumes full responsibility./ further understand that if this request is subsequen establish. l') that 1 produced sufficient factual evidence at the hearing to support this request; 2) that the findings of fact furnished j°ustilles 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 property located on the ground. Failure in this ragar "wftl result most likely in not only the request being set aside, but also possibly in nay structures being I wilt in reliance thereon being required to be remave amy expense. 1'f t trave®ubts, 1 am advised to seek competent professional advl e and a istance. Applicant's Signature Date As owner of the property involved in this request, i have read and understood the complete application and its consequences to e as a property owner. I zlu/ Property Owners Signature (required) Date [To be comp!eted by City &afq Date Received Zoning Permit Type Filing Fee OVER 0 G:Icunmi-d a %p lamningV'onns H:tnducaxtiZurning Pamit Appalic.ati-Aw / l CANOPY LLC The Care of Trees canopyarborcare.corn 157 Max Loop Yakent, OR 97540 (541) 631-SWO December 20, 2018 City of Ashland Planning Division 51 W nburn Way Ashland, OR 97520 R-E.: Tree removal application at 391 South Mountain Walker, SOU Housing Department. The tree being requested for removal is a 34" DBH black locust, Psettca'actc eia twbinict. It is located at the western end of 391 S Mountain. This tree is in advanced stages of decline. Roughly 75% of it crown is dead. It borders a playground/school soccer field. Removal is strongly recommended. Thank you for your consideration. Please contact me if there are further questions. Sincerely, Christopher John Arborist, Canopy LL,C ISA Certification YWE-9504A Tree Risk Assessor Qualified (TRAQ) ~I Locust at 391 S Mountain , r , J , t ,r ~ t1 /f s ,