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HomeMy WebLinkAboutWilliamson_Way_401_TREE-2019-00070 / i Planning Department, 51Winbw,i'Way, Ashland, Oregon 97520 1 Y ' F 541-488-5305 Fax: 541-552-2050 www.ashland.or.us TTY: 1-800-735-2900 NOTICE OF APPLICATION PLANNING ACTION: PA-TREE-2019-00070 SUBJECT PROPERTY: 401 Williamson Way OWNERIAPPLICANT: Denise Sutphin/Canopy LLC DESCRIPTION: A request for a Tree Removal Permit to remove a single pine tree in average health. The tree is approximately 12" DBH and 30' high. The tree has developed a noticeable lean, and the property owner wishes to remove the tree considering the long term viability of the tree and fire danger. COMPREHENSIVE PLAN DESIGNATION: Commercial, ZONING: E-1; ASSESSOR'S MAP : 391E 04DC; TAX LOT: 3507 NOTE: The Ashland Tree Commission will also review this Planning Action on Thursday, August 8, 2019 at 6:00 Phi in the CommunAty Development and Engineerifig Services building (Sisklyou Room), located at 51 Winburn Way, NOTICE OF COMPLETE APPLICATION: July 16, 2019 DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS July 30, 2019 300 112 Subject Property 401 WMPilliarrisson Way - PA-TREE-2019.00070 4;: i00 i , , mm. i I I 01-l'•9$CiN Wy Hvnriftura 1 (;rcrsC-[Jz.~r GSrnE.tP rl 0 Y :36,5 Cl I by The Ashland Planning Division Staff has received a complete application for the property noted above. Any affected property owner or resident has a right to submit written comments to the City of Ashland Planning Division, 51 Winburn Way, Ashland, Oregon 97520 prior to 4:30 p.m. on the deadline date shown above. Ashland Planning Division Staff determine if a Land Use application is complete within 30 days of submittal. Upon determination of completeness, a notice is sent to surrounding properties within 200 (Feet of the property submitting application which allows for a 14 day comment period. After the comment period' and not more than 45 days from the application being deemed complete, the Planning Division Staff shall make a final'. decision on the application. A notice of decision is mailed to the same properties within 5 days of decision, An appeal to the Planning Commission of the Planning Division Staff's decision must be made in writing, to the Ashland planning Division within 12 days from the date of the mailing of final decision. (AMC 18.5o1.t150.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 Appea9s (LUBA) on that issue. Failure to specify which ordinance criterion the objection is based on also precludes your right of appeal to LUPA 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, alli docunn,ents 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. Ali materials are available at the Ashland Planning Division, Community Development & Engineering Services Building, 51 Winnburn Way, Ashland, Oregon 97520. If you have questions or comments concerning this request, please feel free to contact Aaron Anderson at 541-4811 5305. CiG_.5coruc.-de0planningTianning Actions\Noticing FalderV piled Notices& Signs12019\TI(EI,',-2019-00070.doex TREE REMOVAL PERMIT 18.5.7.040.13 J, rng= 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,, likeiy 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 condition of approval of the permit. ? 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 foilowing cntoria, 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 18.16. 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 204 feet of the subject property, The City shall grant an excepfion 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 18.51.050. Such mitigation requirements shall be a condition of approval of the permit. G:Ycomnx.de%,lplannin,\Planniaay Act ons'Wolicinv, I°oldetl:Mailed Notices & Sig.ns520B9d'~'RLG-20V9-00070,docw J 1 AFFIDAVIT OF MAILING STATE OF OREGON ) County of Jackson ~ The undersigned being first duly sworn states that: `l , I am employed by the City of Ashland, 20 East Main Street, Ashland, Oregon 97520, in the Community Development department. 2. On July 10, 20191 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-2019-00070, 401 WHliarnson Way. Signature of Employee C,.kUsers4smdlhdaAFN[iLlDesklop6AFFOUAMT CF !.1NLINGjs.docx MOM PA-TREE-2019-00070 391 E04DC 3503 PA-TREE-2019-00070 391 E04DC 3505 PA-TREE-2019-00070 391 E04DC 3508 HERSEY STREET LLC JOSEPH ROBERT ET AL MEESE JED D TRUSTEE CIO PRIVATE PROPERTIES LLC 163 W NEVADA ST JED & CELIA MEESE 112 GENESSEE ST ASHLAND, OR 97520 1713 LAKE VILLAGE DR MEDFORD, OR 97504 MEDFORD, OR 97504 PA-TREE-2019-00070 391 E04DC 3510 PA-TREE-2019-00070 391 E04DC 3511 PA-TREE-2019-00070 391 E04DC 3507 SERLIN DIANA REZNIK TRUSTEE SHAHIN HABIB M TRUSTEE SUTPHIN RONALD SIDENISE E 195 25TH AVE 301 PO BOX 111 PO BOX 128 SAN FRANCISCO, CA 94121 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-TREE-2019-00070 391 E04DC 3506 PA-TREE-2019-00070 391 E04DC 3513 PA-TREE-2019-00070 391 E04DC 3402 TAYLOR JOAN TRUSTEE TAYLOR JOAN TRUSTEE FBO TONEY JERRY E TRUSTEE 415 WILLIAMSON WAY 9 137 THOMAS CT 6581 GRIFFIN CREEK RD ASHLAND, OR 97520 CENTRAL POINT, OR 97502 MEDFORD, OR 97501 PA-TREE-2019-00070 391 E04 DC 3512 PA-TREE-2019-00070 391 E09AB 6700 PA-TREE-2019-00070 391 E04DC 3500 TOUT WILLIAM R TRUSTEE ET AL UNION PACIFIC RR CO WILLIAMSON ROBERT C PO BOX 189 PROPERTY TAX DEPARTMENT 960 BROADWAY ST NE 1 ASHLAND, OR 97520 1400 DOUGLAS ST 1640 SALEM, OR 97301 OMAHA, NE 68179 PA-TREE-2019-00070 CANOPY LLC July 16, 2019 WEIGANG JOSHUA 401 Williamson Way NOC 157 MAX LOOP 13 TALENT, OR 97540 KA A t~ lot M -~,A TO: ~=j` -13 212 1 ~N , 211 t ry ;.i l] I ~ ~ ~ w 2i] D' 140 IW 1 C t"13 3 3, D05 1340 a 14,02 J 1102 1~ 1' 1802 Vile 401 1i 'w-a ;I 2200 if '1' "0" , k'10'v ,o G E ]K) 515 1 2.- tF ~ I J I :0tJ{l i2D~ 340 3 el'ai~ i i SAC] y~l rw t ~ v 3401-~41 ~,3{lp a{9 u J) XJl0, ciH) 1 a 414.z2 2,~ j2 J~'yy, y Y t,~ _1€Jdl" ~ d' p, ENr7~~ V 6210 !A~[~ 6 V i - i p q° lr 5 5,{l 5 5720 20~' r , 4goo r o w L} ~7d}, SH~12 ~'Atil3 L` GO ,Jill r J ll ZONING PERMIT APPLICATION Planning Division CITY a 5I1 inVyurn Way, Ashland OR 87520 FILE 4 ASHLAND 541-468.5305 Fax54t-488-6006 DESCRIATION OF PROJECT Tree Removat Permit Re Quest DESCRIPTION OF PROPERTY PurSUing LEEM Certification? El YES W NO Street Address. 401 iIIiamsan w,ay!..__ _ _ ~ ~ Assessor's Map Na, 391E .tJ4QG.__ _ Zoning 1 Comp Plan Designation m,,?ercial._,L rbd ..._...w.._ .._....m.._..__._..._ APPLICANT Name Jgshu u'tl it, n ~ _ _W Phone .....631 t { E-Mall o n~ car r c matt corn Address l7 Max Loup ..m._----- _.~.__w.____..._._. -w.. _w.._.. _ city Tlent..._..._ ..._...._._w_..w.._._. Zip.7-5........__ AROPERTY OWNER -E-Mall Name Qenise_Suth.in Plaorae 541-4t3t3-1121 Address . City-...._-.. Zip SURVEYOR ENGINEER ARCHITECT LANDSCAPE ARCHITECT OTHER Title ._..._Name _ _.w_...._.. _ M_ Phone E-Mail ._...__m. __.n__.___.__.___ City.-...... _ m_ _w_........_._.- Zip Address 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 requiretI r 'tags c t ract, 'n all res cls, lrue and correct, t understand that all property pins must be shown on the drawings and visible upon the site inspection. In fire evr r ~ r location found to be incorrect, the owner assumes full responsibility, f further understand that if this request is subsequenh`r conk r~ o establish. lJ that I' produced sufficient factual evidence at fire hearing to support this request; 2) that the findings of fact furnishod justifies the granting of the request; 3) that the findings of fact furnished by me are adequate; and further 4) that ati structures orimprovemonts are properly located on the ground. Failure in this regard will result most likely in not onP the request being set aside, but also possibly in my structures being built in reflanaa thereon being reiluiivj to be rernovad at my expense. If I have any doubts, I ono advised to seek compolant,professional odvko and assistance: p« , 1 ~n 07-06-2019 Applicant's rtgnature Date As owner of the property Involved to this request, I have read and understood the complete application and its consequences to me as a property owner t rr (req.rirrd) Date Vroperty Owner's Signature [ToW mffi Aed by W1 Slat Date Received ~..r...~....P~~_w,._._ Zoning Permit Type .......p!,...~p ~T'1r ri° tr Filing Fee$__ OVER 0 C:konr.n-sleoNp4~annin¢47'onns & 14.d.wsV wing Pcm,il A pplk.lion doc J 1 Pip CANOPY The Care of 7"rees Yd~ O;+Q~Pr}Gip4; 7f 41) •PI Max loop ~ R Th40 R` : rM 631.8000 ,--CB 199331 April 4, 2019 City of Ashland Planning Department 51 Winburn Way Ashland, OR 97520 RE: 401 Wi t 'Lamson Way tree removal permit r The tree requested for removal at 401 Williamson Way is a medium sized, Pine (Pious s1%) in average health, measuring approximately 12" DBH and 30' tall, It is grooving in close proximity to the adjjacent building and has developed a noticeable lean. Zoning requirements, fire danger and long term viability, and are the client's primary reasons for this permit` request. Being part of a group planting; this removal will have little impact on tree density or canopy cover in the immediate area. Additionally, with the near flat grade and isolated planting area between buildings, there is little evidence to suggest negative impacts on soil stability or erosion. Also worth noting is that trees of this size and species in such proximity to buildings are discouraged by I' irewise and Wildfire ordinance specifications. With this, and consideration to the findings above, a valid case can be imde for our client's request. If there are any questions, please feel free to contact us. Sincerely, Joshua eigang Arborist,Campy LLC ON J~.1 , A,I y ~ ~ III ' , ~ _ ~ 4 ; ~ 'ILI F- r . "r . Y ~ w nv"' n W l ~ ~1l T . peter I , tn~ • ~00 1 i I. H r y F " t ,X f . a r . F I,t k . lw e, ,~r~ rV J f i x I. t` ~4t I f' ri I it 1 I , r 9 , .:.,/`1-7/777=77/77". , I f t , s ~l _r V- 1 117 ~ I I rw I , a I ~ a 1 ~ 1 ~ i ,F1 1 e ~1 14 r i . rZfL'-' 'r Y I~i~ 4 I i r 1 t s' If I: 1. . y yl . ~ '0'x'4. .~,f rF~'. ' i ~ 1 I ~ ~''I I ~ ~ l ~~~}F',;; I I City of Ashland Community Development Department PERMIT NUMBER 51 Winburn Way TREE-2019-00070 Ashland, OR 97520 pPiy Date: 711 1 J2019 Telephone: 541-488-5305 Inspection Line: 541-552-2080 Pori Plan Type: Tree Removal Work Class: Tree Removal Permit Review Ma & Tax Lot Property Address 391E04DC3507 401 Williamson Wy Owner Information Applicant Information Owner: Ronald/Denise Sutphin Applicant: Canopy LLC Owner Po Box 128 Applicant 157 Max Loop Address: Ashland, OR 97520 Address: Talent, OR 97540 Phone: Phone: (541) 631-8000 Project Description Removal of 1 pine tree on commercial property. Fees Fee Description: Amount: Tree RemovaVVerification Fee (Type 1) $30.50 Applicant: Date: Total Fees: $30.50 CITY OF 'ASHLAND MONTHLY PLANNING ACTION REVIEW MEETING AGENDA Monday, July 22, 2019 at 10:30 a.m.. Siskiyou Roam at 51 Winburn Way 1. ANNOUNCEMENTS: Plan submittals and pre-application comments will be available for review and discussion at the meeting on. Monday. If you will be unable to, attend, please provide any comments via e-mail to plannin_q ashland or.us. 2. TREE REMOVALS: L 401 Williamson Way (Remove 1 Pine Tree) ~ en" lIlries, ha), 3. PLANNING ACTION: PA-T1.2019-0006 SUBJECT PROPERTY: 201 South Mountain Avenue (Ashland High Schaal) APPLICANT: Ashland School District PLANNER: Fotini DESCRIPTION: Modification of Sign Program Conditional Use Permit To Allow a New Ground Sign 4. PLANNING ACTION: PA-T1-2010-00066 SUBJECT PROPERTY: 510, Tolman Creek Road APPLICANT: Rogue Planning for IPCO PLANNER: Derek DESCRIPTION: Site Design Review for New Industi ial Building u rV'" I" I" 5. PLANNING ACTION: PA-T1-2010-00067 SUBJECT PROPERTY: 59 Sixth Street APPLICANT: Steve Asher/Asher Homes for Jeske PLANNER: Fotini DESCRIPTION: Site Design Review Adding Dormers to Nat'l Register-Listed Residence - a ail Ike "i (,ruIr . w ,J uI 23d_ 6. PLANNING ACTION: PA-T1-2019-00068 SUBJECT PROPERTY: ,96 dear Creek Drive APPLICANT: Ciota PLANNER: Aaron DESCRIPTION: Conditional Use to allow Hotel/Mote" Use 7. PLANNING ACTION: PA-T1-2019-00069 SUBJECT PROPERTY: 191 Morton Street APPLICANT: Ruby PLANNER: Aaron DESCRIPTION: Conditional Use Permit./Traveler's Accommodation H, wt pr.-„,.. . I::u:Ate TA in 8. PLANNING ACTION: PA-T2-2019'-00012 SUBJECT PROPERTY: 946 Tolman Creek Road APPLICANT: Rogue Planning for Darrell PLANNER: FoUni DESCRIPTION: Performance Standards Subdivision & Site Design Review Three-Unit Cottage Housing Development V 0 4.,.... i fdl,„FFl II b,64111 a RII. PISC-40 Iy CITY OF -ASH LAN D August 16, 2019 Notice of Final Decision On August 14, 2019, the Community Development Director approved the request for the following: Planning Action: TREE-2019-00070 Subject Property: 401 Williamson Way Applicant: Denise Sutphin Description: A request for a Tree Removal Permit to remove a single pine tree in average health. The tree is approximately 12" DBH and 30' high. The tree has developed a noticeable lean, and the property owners wish to remove the tree considering the long term viability of the tree and fire danger. COMPREHENSIVE PLAN DESIGNATION: Commercial; ZONING: E-1; ASSESSOR'S MAP: 39 1E 04DC; TAX LOT: 3507 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 Aaron Anderson in the Community Development Department at (541) 488-5305. cc: Parties of record and property owners within 200 ft COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541488-5305 51 Winbum Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2800 www.ashIaiid.orA1S %all 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 1 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 an the application to the City by the specified deadline. 2. Appeal Filing Procedure, a. Notice of Appeal. Any person with standing to appeal, as provided in subsection 18.5.1.050.G.1, above, may appeal a Type I decision by filing a notice of appeal and paying the appeal fee according to the procedures of this subsection. The fee required in this section shall not apply to appeals made by neighborhood or community organizations recognized by the City and whose boundaries include the site. If an appellant prevails at the hearing or upon subsequent appeal, the fee for the initial hearing shall be refunded. b. Time for Filing. A notice of appeal shall be filed with the Staff Advisor within 12 days of the date the notice of decision is mailed. c. Content of Notice of,4ppeal. 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 tine Staff Advisor shall be de novo hearings before the Planning Commission. The appeal shall not be limited to the application materials, evidence and other docu nentation, and specific issues raised in the review leading tip 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. COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541A88-5305 51 WinburnWay fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2800 PF TAM www.aslrland.or.as i ASHLAND PLANNING DIVISION FINDINGS & ORDERS PLANNING ACTION: PA-TREE-2019-00070 SUBJECT PROPERTIES: 401 Williamson Way OWNER: Denise Sutphin APPLICANT: Canopy LLC DESCRIPTION: A request for a Tree Removal Permit to remove a single pine tree in average health. The tree is approximately 12" DBH and 30' high. The tree has developed a noticeable lean, and the property owners wishes to remove the tree considering the long term viability of the tree and, Fire danger. COMPREHENSIVE PLAN DESIGNATION: Commercial; ZONING: E-1; ASSESSOR'S MAP: 39 lE 04DC; TAX LOT: 3507 SUBMITTAL DATE: July 11, 2019 DEEMED COMPLETE DATE: July 16, 2019 STAFF DECISION DATE: August 14, 2019 DEADLINE TO APPEAL (4:30 p.m.): August 28, 2019 FINAL DECISION DATE: August 29, 2019 APPROVAL EXPIRATION DATE: February 29, 2021 DECISION This proposal is to remove one Pine tree from a property located at 401 Williamson Way in the E-1 zoning district. The tree is identified as a Pine (pinus sp.) and is approximately 12-inches DBH and 30 feet in height. The property owner has hired Canopy LLC, who is acting as the applicant, and provided a letter stating that the tree is in average health and has developed a noticeable lean. The letter further states that the potential fire danger and long term viability are the client's primary reasons for requesting the tree removal permit. At the Tree Commission's August 81h meeting the application was reviewed. The Tree Commission, after deliberation, voted unanimously to recommend approval of the tree removal. In staff's assessment, the tree removal as proposed satisfies the criteria for "tree that is not a hazard" criteria. The criteria for a Tree Removal Permit are described in AMC Chapter 18.5.7.040.B as follows: 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. TREE-2019-00070 401 Williamson Way/aa Page 1 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 lesson 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 1857.050, Such mitigation requirements shalt be a condition of approval of the permit. Planning Action 4TREE-2019-00070, a request to remove one hazard tree, complies with all applicable City ordinances with the imposition of the conditions attached below. Therefore, Planning Action #TREE- 2019-00070 is approved. If any one or more of the following conditions are found to be invalid, for any reason whatsoever, then Planning Action #TREE-2019-00070 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 unless otherwise specifically modified herein. 2. That one (1) mitigation tree with a minimum of a 11/2-inch caliper and shall be a large stature deciduous tree at maturity, shall be planted on site within one (1) year of issuance of this decision. 3. That if any work is to be done in proximity to power lines they shall contact the Electric Department prior to scheduling work. fr ~ l~l > ► c ill Molnar, D' wtof• Date epa tment of ommunity Development TREE-2019-00070 401 Williamson Way/aa Page 2 f I N 1 -1 17, 4 11,, 1 71 '411 f'I . k t ,'1 1 .1 V f. • T r-i q'1 r 7 r-1 +t , F",i r.,y rr, + i R 1 r• 116 V , i 11.1 I I F' t 11 1 TV, pp lj~~ 1 •.1 f r1 r r.4 F` 1 1'4 r6 0 rq 1 t r 4 Lu;l ni IN r-1 u~l !4. {TI 1i, Fa 11 l r'41 eau t t-,a u~'~ s r 171 F -a I f u1 i YI Id7 N~ 6 {JII q' hu +l~ 1 -1 p wu ' . Ll"1 1,,~ u 1 ~1 A 1; , 111 R C'"I ig) F, A 7! 1".A tl 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 August 16, 2019 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-201900070, 401 Williamson Way. w Signature of Employee P©cumenll &15/2019 PA-TREE-2019-00070 391 E04DC 3503 PA-TREE-2019-00070 391 E04DC 3505 PA-TREE-2019-00070 391 E04DC 3508 HERSEY STREET LLC C10 PRIVATE JOSEPH ROBERT ET AL MEESE JED D TRUSTEE ET AL JED D & PROPERTIES LLC CELIA MEESE 163 W NEVADA ST 112 GENESSEE ST ASHLAND, OR 97520 1713 LAKE VILLAGE DR MEDFORD, OR 97504 MEDFORD, OR 97504 PA-TREE-2019-00070 391 E04DC 3510 PA-TREE-2019-00070 391 E04DC 3511 PA-TREE-2019-00070 391 E04DC 3507 SERLIN DIANA REZNIK TRUSTEE ET AL SHAHIN HABIB M TRUSTEE ET AL SUTPHIN RONALD SIDENISE E 195 25TH AVE 301 PO BOX 111 PO BOX 128 SAN FRANCISCO, CA 94121 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-TREE-2019-00070 391 E04DC 3506 PA-TREE-2019-00070 391 E04DC 3513 PA-TREE-2019-00070 391 E04DC 3402 TAYLOR JOAN TRUSTEE ET AL TAYLOR JOAN TRUSTEE FBO TONEY JERRY E TRUSTEE ET AL 415 WILLIAMSON WAY 9 137 THOMAS CT 6581 GRIFFIN CREEK RD ASHLAND, OR 97520 CENTRAL POINT, OR 97502 MEDFORD, OR 97501 PA-TREE-2019-00070 391 E04 DC 3512 PA-TREE-2019-00070 391 E09AB 6700 PA-TREE-2019-00070 391 E04DC 3500 TOUT WILLIAM R TRUSTEE ET AL UNION PACIFIC RR CO PROPERTY TAX WILLIAMSON ROBERT C DEPARTMENT PO BOX 189 1400 DOUGLAS ST 1640 960 BROADWAY ST NE 1 ASHLAND, OR 97520 OMAHA, NE 68179 SALEM, OR 97301 PA-TREE-2019-00070 August 16, 2019 CANOPY LLC WEIGANG JOSHUA 401 Williamson Way NOD 157 MAX LOOP 13 TALENT, OR 97540 ASHLAND TREE COMMISSION PLANNING APPLICATION REVIEW COMMENT SHEET August S, 2019 PLANNING ACTION: PA-TREE-2019-00070 SUBJECT PROPERTIES: 401 Williamson Way OWNER: Denise Sutphin APPLICANT: Canopy LLC DESCRIPTION: A request for a Tree Removal Permit to remove a single pine tree in average health. The tree is approximately 12" DBH and 30' high. The tree has developed a noticeable lean, and the property owners wishes to remove the tree considering the long term viability of the tree and fire danger. COMPREHENSIVE PLAN DESIGNATION: Commercial; ZONING: E-1; ASSESSOR'S MAP: 39 1E 04DC; TAX LOT: 3507 Following a presentation by staff the Tree Commission deliberated and moved to approve the application subject to the following: 1. That the applicant shall mitigate the tree removal on-site at with a tree that will have a large stature at maturity. 2. That if any work is occurring in proximity to power lines the applicants shall call the Electric Department prior to scheduling work. Department of Community Development Tel: 541-088-5350 CITY OF 51 anbumlNy Fax:5-2050 ,ASH LAN D Ashland, Oregon 97520 TTY: 800 800-73.735-2900 w%= iv.ashland.or.us ca Id ~Ifl`)OH yy I i 1 I ~ CL a a _ w z'n 1 ~ c d' i wwwr - m m w ' v o~ I l m t I r ~ b I f Ye] N CJ tp Cri j SS' C~ qJ 0) t rt rn ('o p ni C'4 CD (0 0 Sri rn •J I.-- er> ("1 r I; kf) 4+1 Cdr'? O