Loading...
HomeMy WebLinkAboutBenson_1090_TREE-2019-00077CITY or -ASH LAN D November 5, 2019 Notice of Final Decision On November 4, 2019, the Community Development Director approved the request for the following: Planning Action: Subject Property: Applicant: PA-TREE-2019-00077 1090 Benson Way Canopy LLC Description: This is a request for a Tree removal permit to remove a black Cottonwood tree (poplars trichocaipa) in poor health, The tree stands approximately 60 feet tall and has multiple co -dominate trunks measuring 17", 24", and 9." The arborist report indicates that the top of the tree is dead and that the tree is generally in poor health. The applicant is Canopy LLC and they have submitted an arborist report. COMPREHENSIVE PLAN DESIGNATION: Employment; ZONING: E-1; MAP: 39 lE 14 D; TAX LOT: 201 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 Winburn Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 ®` www.ashland.or.us SECTION 18.5.1.050 Type I Procedure (Administrative Decision with Notice) E. Effective Date of Decision. Unless the conditions of approval specify otherwise or the decision is appealed pursuant to subsection 18.5.1.050.G, a Type I decision becomes effective 12 days after the City mails the notice of decision. F. Reconsideration. The Staff Advisor may reconsider a Type I decision as set forth below. 1. Any party entitled to notice of the planning action, or any City department may request reconsideration of the action after the decision has been made by providing evidence to the Staff Advisor that a factual error occurred through no fault of the party asking for reconsideration, which in the opinion of the Staff Advisor, might affect the decision. Reconsideration requests are limited to factual errors and not the failure of an issue to be raised by letter or evidence during the opportunity to provide public input on the application sufficient to afford the Staff Advisor an opportunity to respond to the issue prior to making a decision. 2. Reconsideration requests shall be received within five days of mailing the notice of decision. The Staff Advisor shall decide within three days whether to reconsider the matter. 3. If the Staff Advisor is satisfied that an error occurred crucial to the decision, the Staff Advisor shall withdraw the decision for purposes of reconsideration. The Staff Advisor shall decide within ten days to affirm, modify, or reverse the original decision. The City shall send notice of the reconsideration decision to affirm, modify, or reverse to any party entitled to notice of the planning action. 4. If the Staff Advisor is not satisfied that an error occurred crucial to the decision, the Staff Advisor shall deny the reconsideration request. Notice of denial shall be sent to those parties that requested reconsideration. G. Appeal of Type I Decision. A Type I decision may be appealed to the Planning Commission, pursuant to the following: 1. Who May Appeal. The following persons have standing to appeal a Type I decision. a. The applicant or owner of the subject property. b. Any person who is entitled to written notice of the Type I decision pursuant to subsection 18.5.1.050.B. c. Any other person who participated in the proceeding by submitting written comments on the application to the City by the specified deadline. 2. Appeal Filing Procedure. a. Notice of Appeal. Any person with standing to appeal, as provided in subsection 18.5.1.050.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. Tigre 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 ofNotice ofrlppeal. The notice of appeal shall be accompanied by the required filing fee and shall contain. i. An identification of the decision being appealed, including the date of the decision. ii. A statement demonstrating the person filing the notice of appeal has standing to appeal. iii. A statement explaining the specific issues being raised on appeal. iv. A statement demonstrating that the appeal issues were raised during the public comment period. d. The appeal requirements of this section must be fully met or the appeal will be considered by the City as a jurisdictional defect and will not be heard or considered. 3. Scope of Appeal. Appeal hearings on Type I decisions made by the Staff Advisor shall be de novo hearings before the Planning 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 If 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 Winburn Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 'm� www.ashland.or.us ASHLAND PLANNING DIVISION PLANNING ACTION: FINDINGS & ORDERS PA-TREE-2019-00077 SUBJECT PROPERTIES: 1090 Benson Way OWNER: Capstone Asset Mgnt Corp APPLICANT: Canopy LLC DESCRIPTION: This is a request for a Tree removal permit to remove a black cottonwood tree (Poplus trichocarpa) in poor health. The tree stands approximately 60 feet tall and has multiple co - dominate trunks measuring 17", 24", and 9." The arborist report indicates that the top of the tree is dead and that the tree is generally in poor health. The applicant is Canopy LLC and they have submitted an arborist report. COMPREHENSIVE PLAN DESIGNATION: Employment; ZONING: E-1 MAP: 39 1E 14 D; TAX LOT: 201 SUBMITTAL DATE: September 23, 2019 DEEMED COMPLETE DATE: September 25, 2019 STAFF APPROVAL DATE: November 4, 2019 DEADLINE TO APPEAL (4:30 p.m.): November 18, 2019 FINAL DECISION DATE: November 19, 2019 APPROVAL EXPIRATION DATE: May 19, 2021 DECISION This proposal is to remove one cottonwood tree (Poplus trichocarpa) in poor health located at 1090 Benson Way. The subject property is 0.78 acres and is zoned E-1, and is surrounded by other E-1 properties, to the west of the property is the City/County boundary. The tree is located in the western corner of the property behind an existing industrial building. The arborist letter describes the tree as approximately sixty -feet tall with multiple co -dominate trunks measuring 9-inch, 17-inch, and 24-inch respectively. The arborist report mentions that this species is generally weakly wooded, and cites evidence of previous branch failures increasing the chances of future failure. The arborist concludes that the tree has generally poor form with a dead top in the `central leader,' and when taken in context of the trees location and likelihood of future failure he strongly recommends removal of the tree. During the public comment period a letter was received from a citizen expressing concern that the application materials may have miss -represented the tree to be removed. It was quickly determined that, due to a staff error, the original notice identified the tree to be removed as an 8-inch maple tree in poor health as opposed to the much larger cottonwood. Subsequent to this, an amended notice was published correctly identifying the tree proposed for removal. At the Tree Commission's October Yd meeting the application was reviewed and the Tree Commission voted unanimously to recommend approval of the tree removal. In staffs assessment, the tree removal as proposed fully meets the "tree that is not a hazard" criteria. TREE-2019-00077 1090 Benson Way/aa Page I The criteria for a Tree Removal Permit are described in AMC Chapter 18.5.7.040.13 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 band 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-2019-00077, 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- 2019-00077 is approved. If any one or more of the following conditions are found to be invalid, for any reason whatsoever, then Planning Action #TREE-2019-00077 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. The applicant shall plant a mitigation tree, which shall be a large stature at maturity, and shall be `plann-le on site Fvithin one (1)year of issuance of this decision. alnar, Direc ol• Date ment of Conn munity Development TREE-2019-00077 1090 Benson Way/aa Page 2 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 November 5, 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 4PA-TREE-2019-00077, 1090 Benson Way. Signature of Employee Qftm'46Ma AFNHF0eskIopWrIDMqT OF M,1LING,,ds.docx 111512019 TREE-2019-00077 391 E14D 201 CAPSTONE ASSET MGNT CORP 1390 FRANK HILL RD ASHLAND, OR 97520 TREE-2019-00077 391 E14D 500 LYE KOK LOONG TRUSTEE ET AL 5940 COLLEGE AVE A OAKLAND, CA 94618 TREE-2019-00077 391 E14D 214 SUPERIOR PROPERTIES LLC 6581 GRIFFIN CREEK RD MEDFORD, OR 97501 1090 Benson 11105/2019 NOD 9 TREE-2019-00077 391E14D 203 DIERKS PROPERTY LLC BARBARA S DIERKS - MANAGER PO BOX 3298 ASHLAND, OR 97520 TREE-2019-00077 391 E14D 200 MANTA INVESTMENTS LLC ET AL 700 MISTLETOE RD ASHLAND, OR 97520 TREE-2019-00077 391 E14D 300 YOUNG DAVID F TRUSTEE ET AL 348 S MODOC AVE MEDFORD, OR 97504 TREE-2019-00077 391 E14D 400 FORESTER JOHN-SCOTT ET AL 597 BENSON WAY ASHLAND, OR 97520 TREE-2019-00077 391 E14D 202 MIHALJEVICH MARK N TRUSTEE ET AL 808 POMPADOUR DR ASHLAND, OR 97520 TREE-2019-00077 CANOPY LLC 1567 MAXX LOOP TALENT, OR 97540 October 2, 2019 Ashland Planning Division Community Development & Engineering Services 51 Winburn Way Ashland, OR 97520 Planning Action: TREE-2019-00077 Subject Property: 1090 Benson Way I work next door to the property that has filed to remove a tree at 1090 Benson Way While there is an 8" diameter Maple tree on the property, it is not in, the spot indicated on the map, and it appears to be in good health. The tree that is in the spot indicated on the map is not a maple tree and is a very large tree. This property has removed at least 3 very large trees in the past 2 years, none of which appeared to be in poor health, or were posted as having applied for a permit to remove them. I am writing! because I question the veracity of the information on the application for permit. Also because this property owner/management has removed a lot of lovely trees on this block already. Thank your, Re 'ecc Brown 1070 Benson Way Ashland, OR 97520 541-488-8311 Bexdbl5@gmaii.com Planning Department, 51 WmLwii Way, Ashland, Oregon 97520 C I T Y 0 F PFW 541-488-5305 Fax541-552-2050 www.ashiand.or.us TTY: 1-800-735-2900 -ASHLAND ki If I I [01C to] RA : I a 11502 t 110] EI "TORREC"I [ONTO T REE SPECIES PLANNING ACTION: PA-TREE-2019-00077 SUBJECT PROPERTIES: 1090 Benson Way OWNER. Capstone Asset Management Corp. APPLICANT: Canopy LLC DESCRIPTION: This is a request for a Tree removal permit to remove a black Cottonwood tree (poplus trichocarpa) in poor health. The tree stands approximately 60 feet tall and has multiple co -dominate trunks measuring 17", 24", and 9." The arborist report indicates that the top of the tree is dead and that the tree is generally in poor health. The applicant is Canopy LLC and they have submitted an arborist report, COMPREHENSIVE PLAN DESIGNATION: Employment; ZONING: E-1 MAP: 39: 1E 14 D; TAX LOT: 201 NOTE: The Ashland Tree Commission reviewed this Planning Action Thursday, October 3, 2019. NOTICE OF COMPLETE APPLICATION, October 4, 2019 DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: 065 Ili\ o4td "CIO October 18. 2019 Ary \ SUbiect Property 1090 Benson Wy, PA-TREE-2019-00077 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 seat 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 deerned cornp4ete, 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 18.5.1,050,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 Aaron Anderson at 541-488-5305. G:k<)niiii-dev\l)lannin�\PTannnb ActionsWoficing FolderWailed Notices Fe Signs\2019UREE-2019-00077 RENOTICE.docx 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 18.6. 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 18.53.050. Such mitigation requirements shall be a condition of approval of the permit. G�komui-devl lanning�Planning Actions4Nolieing FolderWailed Notices R Signs\2019\TREE-20t9-00077_REN07'ICE docx STATE OF OREGON County of Jackson The undersigned being first duly sworn states that: I am employed by the City of Ashland, 20 East Main Street, Ashland, Oregon 97520, in the Community Development Department. 2. On October 4, 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 #PA-TREE-2019-00077,, 1090 Benson Way. Signature of Employee C:UersIz6Md8 AFNHDDesMopWFIDNAT OF MAILING ds.docx MIU2019 PA-TREE-2019-00077 391 E14D 200 PA-TREE-2019-00077 391E14D 201 PA-TREE-2019-00077 391E14D 202 MANTA INVESTMENTS LLC. ET AL CAPSTONE ASSET MGNT CORP MIHALJEVICH MARK N TRUSTEE 700 MISTLETOE RD 1390 FRANK HILL RD 808 POMPADOUR DR ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-TREE-2019-00077 391E14D 203 DIERKS PROPERTY LLC BARBARA DIERKS - MANAGER PO BOX 3298 ASHLAND, OR 97520 PA-TREE-2019-00077 391 E14D 400 FORESTER JOHN-SCOTT ET AL 597 BENSON WAY ASHLAND, OR 97520 10/04/2019 1090 Benson Re -notice 9 PA-TREE-2019-00077 391E14D 214 SUPERIOR PROPERTIES LLC 6581 GRIFFIN CREEK RD MEDFORD, OR 97501 PA-TREE-2019-00077 391E14D 500 LYE KOK LOONG TRUSTEE ET AL 5940 COLLEGE AVE A OAKLAND, CA 94618 PA-TREE-2019-00077 391E14D 300 YOUNG DAVID F TRUSTEE ET AL 348 S MODOC AVE MEDFORD, OR 97504 PA-TREE-2019-00077 CANOPY LLC 157 MAX LOOP RD TALENT, OR 97540 ,° w k r PLANNING ACTION: SUBJECT PROPERTIES: OWNER: APPLICANT: PA-TREE-2019-0�0077 1090 Benson Way Capstone Asset Mgnt Corp Canopy LLC THIS IS A CORRECTED NOTICE. Theprevious notice incori-ect1j7 identified the species and size of tree. DESCRIPTION- This is a request for a Tree removal permit to remove a black Cottonwood tree Q)oj)1us frichocaipa) in poor health. The tree stands approximately 60 feet tall and has multiple co -dominate trunks measuring 17", 24", and 9." The arborist report indicates that the top of the tree is dead and that the tree is generally in poor health. The applicant is Canopy LLC and they have submitted an arborist report. COMPREHENSIVE PLAN DESIGNATION: Employment; ZONING: E- I MAP: 39 1 E 14 D; TAX LOT: 201 w. Aaron Anderson From: ESP[ Metals <sales@espimetals.com> Sent: Wednesday, October 02, 2019 2:39 PM To: planning Subject: Planning Action: TREE-2019-00077 Planning Action: TREE-2019-00077 Subject Property: 1090 Benson Way work next door to the property that has filed to remove a tree at 1090 Benson Way. While there is an 8" diameter Maple tree on the property, it is not in the spot indicated on the map, and it appears to be in good health. The tree that is in the spot indicated on the map is not a maple tree and is a very large tree. This property has removed at least 3 very large trees in the past 2 years, none of which appeared to be in poor health, or were posted as having applied for a permit to remove them. am writing because I question the veracity of the information on the application for permit. Also because this property owner/management has removed a lot of lovely trees on this block already. Thank you, Rebecca Brown 1070 Benson Way Ashland, OR 97520 541-488-8311 Bexdbl5@gmail.com Aaron Anderson From: Derek Severson Sent: Wednesday, October 02, 2019 3:46 PM To: Aaron Anderson Subject: Fw: Planning Action: TREE-2019-00077 FYI - comments on the 1090 Benson Tree Removal... These were in my junk folder, so I don't know if anyone else got them. - Derek Derek Severson, Senior Planner City of Ashland, Department of Community Development 51 Winburn Way, Ashland, OR 97520 PH: (541) 552-2040 FAX: (541) 552-2050 TTY: 1-800-735-2900 E-MAIL: derek.severson@ashland.or.us This e-mail transmission is the official business of the City of Ashland, and is subject to Oregon's public records laves for disclosure and retention. If you've received this e-mail in error, please contact meat (541 ) 552- 2040. Thank you. From: E5P1 Metals <sales@espimetals.com> Sent: Wednesday, October 2, 2019 2:38 PM To: planning <planning@ashland.or.us> Subject: Planning Action: TREE-2019-00077 Planning Action: TREE-2019-00077 Subject Property: 1090 Benson Way work next door to the property that has filed to remove a tree at 1090 Benson Way. While there is an 8° diameter Maple tree on the property, it is not in the spot indicated on the map, and it appears to be in good health. The tree that is in the spot indicated on the map is not a maple tree and is a very large tree. This property has removed at least 3 very large trees in the past 2 years, none of which appeared to be in poor health, or were posted as having applied for a permit to remove them. I am writing because I question the veracity of the information on the application for permit. Also because this property owner/management has removed a lot of lovely trees on this block already. Thank you, Rebecca Brown 1070 Benson Way Ashland, OR 97520 541488-8311 Bexdbl5@gmail.com Planning Department, 51 Winbw or Way, Ashland, Oregon 97520 CITY O F ® 541.488-5305 Fax: 541-552-2050 www,ashland.or.us TTY: 1-800-735-2900 -AS H LAN D NOTICE OF APPLICATION PLANNING ACTION: TREE-2019-00077 SUBJECT PROPERTY: 1090 Benson Way OWNER/APPLICANT: Capstone Asset Mgnt. Corp/Canopy LLC DESCRIPTION: A request for a Street Tree removal of a 8" DBH Maple in poor health. The applicant is Canopy LLC and they have submitted an arborist report. COMPREHENSIVE PLAN DESIGNATION: Employment; ZONING: E-1; MAP: 39 1E 14 D; TAX LOT: 201 NOTE: The Ashland Tree Commission will also review this Planning Action on Thursday, October 3, 2019 at 6:00 PM in the Community Development and Engineering Services building (Siskiyou Room), located at 51 Winburn Way. NOTICE OF COMPLETE APPLICATION: September 25, 2019 DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: October 9, 2019 The Ashland Planning Division Staff has received a complete application for the property noted above. Any affected property owner or resident has a right to submit written comments to the City of Ashland Planning Division, 51 Winburn Way, Ashland, Oregon 97520 prior to 4:30 p.m. on the deadline date shown above. Ashland Planning Division Staff determine if a Land Use application is complete within 30 days of submittal. Upon determination of completeness, a notice is sent to surrounding properties within 200 feet of the property submitting application which allows for a 14 day comment period. After the comment period and not more than 45 days from the application being deemed complete, the Planning Division Staff shall make a final decision on the application. A notice of decision is mailed to the same properties within 5 days of decision- An appeal to the Planning Commission of the Planning Division Staffs decision must be made in writing to the Ashland Planning Division within 12 days from the date of the mailing of final decision. (AMC 18.6.1,050.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. Ci'lcomm dev\planniagll'lannina AclionsWeticing FolderWalled Noliccs& Signs120191TRLL-2019-00077.docz TREE REMOVAL PERMIT 18.5.7.040.8 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 foot 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. G',komnrdevSplanning%Planning Aclions4\olicing FolderVl failed Aoliees & Signs120191TREE-2019-00077.docx 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 September 25, 2019 i 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 the Planning Action #TREE-2019-00077, 1090 Benson Way. Sig a re of Employee C:4UwsWappfOesktoplT&WatesWFIDAVIT OF HAILJNG_Regan.docx 9125f2019 TREE-2019-00077 391E14D 200 MANTA INVESTMENTS LLC ET AL 700 MISTLETOE RD ASHLAND, OR 97520 9155 TREE-2019-00077 391E14D 205 DIERKS PROPERTY LLC PO BOX 3298 ASHLAND, OR 97520 0310 .11..d sjua;ed/woD•Rjane :led + ,.laad Ase3 assaape,p sallanb'13 ' # • 1#i ' �� i # • 111 ' E� 1 CAPSTONE ASSET MGNT CORP 1390 FRANK HILL RD ASHLAND, OR 97520 9615 TREE-2019-00077 391 E14D 214 SUPERIOR PROPERTIES LLC 6581 GRIFFIN CREEK RD MEDFORD, OR 97501 9523 MIHALJEVICH MARK N TRUSTEE ET AL 808 POMPADOUR DR ASHLAND, OR 97520 9630 TREE-2019-00077 391 E14D 300 YOUNG DAVID F TRUSTEE ET AL 348 S MODOC AVE MEDFORD, OR 97504 7762 TREE-2019-00077 391 E14D 400 TREE-2019-00077 391 E14D 500 TREE-2019-00077 FORESTER JOHN-SCOTT ET AL LYE KOK LOONG TRUSTEE ET AL CANOPY LLC 597 BENSON WAY 5940 COLLEGE AVE A 157 MAX LOOP RD ASHLAND, OR 97520 OAKLAND, CA 946181385 TALENT, OR 97540 NOC 9 1090 Benson Way 9/25/2019 �595� 0 0 �N Cn c3� N� 1:900 3. inch equals 75 feet Mapping is schematic only and bears nowarranty ofaccuracy. CITY OF 75 37.5 0 75 150 225 300 Rif features, structures, facifitles, easement or roadway locations �S H LAN D 0 25 50 100 150 200 Feet should be independently field verified for existence andlorlocatiion. Feet 1:900 9,/18/2019 scan0001 (2).jpg 1 11 ZONING PERMIT APPLICATION FWA Plarming, Divisiott 51 Winburn Wv, Ashland OR 97520 CIVV OF FILE ASIALAND _141-488-_S305 Fix 541-488-6006 DESCRIPTION OF _PROJECT DESCRIPTION OF PROPERTY EED", Cv.rliicalW? U W S 0 NO Street Address 10 00 &J56-to LJ 01 . ..... ... Assessor's hillp No. 3.91 E Zoning Tax Lot(s) Cornp plan Designation APPLICANT Name Phone allol E.Md L)fLOPERTY OWNER Name - Phone Address City SURVEYOR, ENGINEER, ARCHITECT LANDSCAPE ARCHITECT, OTHER Title Nance Phone Address- City Title: tQanne Address Phone City E-Mail Zip E-Mail hp E-Mall Zip I hereby certify elialthe s to feinents a0inforniallon contained ire this appliotion, including the enclosed eraming5aid thn required findings of fact. Otero all tespects, 1pipand roiTect, t uadefstaird that all properly IM3 INUSt tvl S110114) (a1) the drawings and (45ible, 11pon, the.5fte inspection. fin the eveol the pins rare riot shovV Or rheir location Bound to be #?cotrecl, the owflLr assumes full responsibly. I further understand thal it this request is subsequarilly coRlesled the burden mY1 be on n7o to ostabush.. f) that I produce d s u (Acien ( ro c tua f evidence a I th o h varIng to 5 uppod /A & r,- quo S k 2; #?ar Itie flodliqs offou 1vvn)WdjusYA,1s the golillaq 6i'llie l6qU6.5l,' j) brat the findings ofbellumishpil bynee are adPQw9tv;and further 4) that all.Nituclyres or 01) lix, glound seydl, olo5 1,;WY u% my, W4 tdar wTv"'V; ,VV4 W, dV14 alsa gas'Aily kz Jary 54wili(ei truing bujit 0 reliance t1mveon beiliq roapbed to be remove nso bavo al)ydolIL)ls, tam advised loseek coinorlon1fitole3sional advice Applicant's Signature Date As owneir lepropeily involved inth&XJues1_ I 118VO readand ofldef.510d the compl(,It(,,p 8p1iCXi0l) allditS C0fl5eqU0nCV.5 (0 8 MV 5 11 12foWlY "'v"i z. Property Owner's Signature (terloied) Date https://maiI.google.coa,n/tnail/o/Ol?pli=1#inbox/FMfcgxwDrRLnil<ssjsSvMRnzQKCFdMdfq?projector=i&messagePartPd=0.I 111 CANOPY LLc The Care of Trees canopyarborcare.com 157 Max Loop Talent, OR 97540 (541) 631-8000 CCB 199334 May 4,2019 City of Ashland Planning Department 51 Winburn Way, Ashland OR 97520 RE: Tree removal at 1090 Benson Way This statement is to accompany a request for a tree removal permit at 1090 Benson Way. I inspected the site at the request of the property owners, on August 21, 2019. The tree in question is a black cottonwood tree, Pophis fi-iehocarpa,. The tree has Multiple co -dominate trunks measuring 17"', 24", and 9" respectively. Tile tree is approximately 6,0 feet tall. I consider the tree to be in poor health as evidenced by the dead top in its centra) leader•. Given the weakly wooded nature of this species, the very poor form (co -dominate steins) increasing the chances of failure, the presence of past failures (a previously attached stem has completely failed), the dead top, and the tree's proximity to a driveway, leads me to strongly recommend removal of this tree. Please feet free to get in touch if there are any further questions about this assessment. Sincerel Christopher John Arborist, Canopy LLC ISA Certification 9WE-950,4A Tree Risk Assessor Qualified (I'RAQ) 9/14/2019 1090 Benson Way - GoogIe Maps I I '090 Benson Way Free rernovM pennit Imagery �201 9 Google, Imagery @2019 Jackson County GIS, Maxar TechnoIogies, State of Oregon, Map data OU2019 50 ft https://www, goog I e.cor-n/maps/pla ce/ 1090+ Ben son +Way, +As h I and,+ OR+ 97520/@4Z 174 0903,-1 22.661584 2,169m/d a(a = I 3ni 1 It e3l4m5l3m4H s0x54o City of Ashland Community Development Department 51 Winburn Way Ashland, OR 97520 Telephone: 541-488-5305 Inspection Line: 541-552-2080 Plan Type: Tree Removal Work Class: Tree Removal Permit Review PERMIT NUMBER.:`. TREE-2019-00077 pply pale: 9123/2019 Map & Tax Lot " PropertyAddress - 391E14D201 1090 Benson Wy Owner Information Applicant Information Owner: Capstone Asset Mgmt Corp Applicant: Canopy LLC Owner 1090 Benson Wy Applicant 157 Max St Address: Ashland, OR 97520 Address: Talent, OR 97540 Phone: () - Phone: (541) 631-8000 j Project Description Tree removal Fees FFDescription: Amount: Removal/Verification Fee (Type 1) $30.50 Applicant: Date: Total Fees: $30.50