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HomeMy WebLinkAboutDollarhide_2264_2268_TREE-2019-00084AST m.kND PLANNING DIVISION FINDINGS & ORDERS PLANNING ACTION: PA-TREE-2019-00084 SUBJECT PROPERTIES: 2264/2268 Dollarhide OWNER/ APPLICANT: East Village HOA DESCRIPTION: This is a request for a Tree removal permit to remove three mature cottonwood trees (Populus trichocarpa). The trees are 15.5, 9, and 10 inches DBH and ranging in height between 30- 45 feet. The trees have an extensive root system that has caused damage in the past and is continuing to cause damage to the adjacent properties patio. The subject property with the three trees is owned by the HOA and was set -aside as open space for wetland preservation. While the subject parcel has an identified wetland in it, based on the adopted maps staff determined that these trees are not within the Water Resource Protection Area. COMPREHENSIVE PLAN DESIGNATION: Suburban Residential; ZONING: R 1-3.5 MAP: 39 lE 11 CB; TAX LOT: 1041 SUBMITTAL DATE: October 24, 2019 DEEMED COMPLETE DATE: October 25, 2019 STAFF DECISION DATE: November 22, 2019 DEADLINE TO APPEAL (4:30 p.m.): December 4.2019 FINAL DECISION DATE: December 5, 2019 APPROVAL EXPIRATION DATE: June 5, 2021 DECISION This proposal is to remove three large cottonwood trees from the property addressed as 2268 Dollarhide Way. The subject property is located on the south side of Dollarhide Way approximately 120-feet east of Engle St. in the R 1-3.5 zoning district. The property was dedicated as open space / wetland preservation for the East Village Homeowners Association. The applicant is applying for a hazard tree removal based on the extensive damage it has caused to the backyard patio area of 2264 Dollarhide Way and potential root intrusion to the foundation. The applicant retained Southern Oregon Tree Care, LLC to assess the trees. Mr. Gingg, whom is an ZSA certified Master Arborist, submitted a report summarizing the location, size, and area of root intrusion to the adjacent property. Two of the tree trees are located in the south-west corner of the lot, are both approximately fourty-five feet tall. Tree #1 is 15.5"-DBH and tree #2 is 9"-inches DBH; These trees are located four feet and eight feet from the boundary line between 2264 & 2268 Dollarhide Way, respectively. A third tree is closer to the front of the lot is 10-inches DBH and approximately 12-feet to the east of said boundary line. While the parcel (tax lot 1041) was set aside for wetland preservation the entire lot is not a wetland. The adopted Wraps for wetlands shows that at the extreme southern edge of the lot the wetland lies fifteen -feet to the east; at the northern edge of the lot the wetland area lies almost forty -feet to the east. During a staff site inspection, it was obvious the trees were located above a pronounced bank that drops down into the, identified wetland. The arborist report states that there is evidence of root intrusion as far as thirty -feet west of the boundary line between 2264 & 2268 Dollarhide Way with many visible sprouts popping up both in the back yard area and along the foundation of the home. In the past the applicant has pruned these trees root but they TREE-2019-00084 2264&2268 Dollarhide Wy/aa Page 1 have continued to cause damage. TL applicant states that in recent years to 1A, spent more than $5,000 repairing damage done to his landscape due to the roots from these trees. The arborist report concludes that the removal of these trees will not have a significant negative impact on the tree densities, sizes, canopies, and species diversity within 200-feet of the subject property. At the Tree Commission's November 7"' meeting the application was reviewed. The applicant and representatives from the Home Owners Association were present to speak in favor of their application. After the close of the public portion of the hearing the Tree Commission deliberated and voted unanimously to recommend approval for the proposed tree removal. In staff s assessment, due to the extensive damage that has occurred to the applicant's patio area, the tree removal as proposed fully meets the "tree that is a hazard" criteria. The criteria for a Tree Removal Permit are described in AMC Chapter 18.5.7.040.B as follows: 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 (Le., 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. Planning Action 4TREE-2019-00084, a request to remove three hazard tree, complies with all applicable City ordinances with the imposition of the conditions attached below. Therefore, Planning Action #TREE- 2019-00084 is approved. If any one or more of the following conditions are found to be invalid, for any reason whatsoever, then Planning Action #TREE-2019-00084 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, which shall -a native inclined for wetland habitat, shall be planted on HOA controlled open space within one (1) year of issuance of this decision. 3. That a mitigation tree shall be planted at a minimum of a 11/z-inch caliper consistent with the requirements of AMC 18.5.7.050. Molnar, of Community Development i1, vz. z + Date TREE-2019-00084 2264&2268 Dollarhide wylaa Page 2 November 22,2019 Notice of Final Decision On November 22, 2019, the Corninunity Development Director approved the request for the following: Planning Action: Subject Property: Applicant: PA-TREE-2019-00084 2264-2268 Dollarhide East Village IJOA Description: 'Free removal permit to remove three (3) large mature cottonwood trees (PoIndits trichocai7_)a). The trees are 15.5, 9, and 10 inches DBH and ranging in height between 30-45 feet. The trees have an extensive root system that has caused damage in the past and is continuing to cause damage to the adjacent properties patio. The subject property with the three trees is owned by the HOA and was set -aside as open space for wetland preservation. While the subject parcel has an identified wetland in it, based on the adopted maps staff determined that these trees are not within the Water Resource Protection Area, COMPREHENSIVE PLAN DESIGNATION: Suburban Residential; ZONING: R- 1 -3.5 MAP: 39 1 E I I CB; TAX LOT: 1041 The Community Development Director's decision becomes final and is effective on the l2th day after the Notice of Final Decision is nailed. 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 prqject 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 band Use Board of Appeals. If you have any, questions regarding this decision, please contact Aaron Anderson in the Cc MmLinity Development Department at (541) 488-53,05. cc: Parties of record and property owners within 200 It COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541-488-5305 51 Winbum Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.orms SIECTION 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, aType 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. I . 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 tile Staff Advisor that a factual error occurred through 110 fault of the party asking for reconsideration, which in the opinion of the Staff Advisor, might affect tile 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 all error occurred Crucial to the decision, the Staff Advisor sliall 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 sliall send notice of the reconsideration decision to affirm, modify, or reverse to ally party entitled to notice of the planning action, 4. If the Staff Advisor is not satisfied that all 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 aType 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 oil the application to tile 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 require(] 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 bearing or upon subsequent appeal, the fee for the initial hearing shall be refunded. b. Time for UilingA 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 AI)I)e(d. The notice of appeal shall be accompanied by the required filing fee and shall contain. L An identification of the decision being appealed, including the (late of the decision, iL A statement demonstrating tile person filing the notice of appeal has standing to appeal, iii. A statement explaining the specific issues being raised oil appeal. iv. A statement demonstrating that tile 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 oil Type I decisions made by the Staff Advisor shall be de nova hearings before the Planning Commission. "I'lie appeal shall not be limited to the application materials, evidence and other documentation, 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. 4Appeal Hearing Procedure. Hearings oil 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 filial decision of the City on all appeal of a Type I decision, A decision on an appeal is final tile 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, COMMUNUY DEVELOPMENT DEPARTMENT T0 541ABB-5305 51 Whburn Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 �yww. ashkin,or, L dis - . ........ . ...... . 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 November 22, 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 persons name for Planning Action #TREE-2019-00084, 2264-2268 Dol I a rh i de. Sign tune of Employee Docww[2110212019 TREE-2019-00084 391 E11 CB 1035 TREE-2019-00084 391 E11 CA 2900 TREE-2019-00084 391 E11 CB 1025 ACCESS ALRICK DAVID J ANDERSON ELLEN F PO BOX 4666 PO BOX 3042 2264 DOLLARHIDE WAY MEDFORD, OR 97501 ASHLAND, OR 97520 ASHLAND, OR 97520 TREE-2019-00084 391 E11 CA 2900 TREE-2019-00084 391 E11 CA 2900 BONNIE B MCLEAN REVOCABLE LIVING BOOTH STEPHEN TRUSTEE ET AL TRUST / PO BOX 3592 2305 ASHLAND ST STE C252 ASHLAND, OR 97520 ASHLAND, OR 97520 TREE-2019-00084 391El1CA 2900 BUDROE WLLETTE JOSEPHINE 215 TOLMAN CREEK RD 10 ASHLAND, OR 97520 TREE-2019-00084 391E11CA 2761 CAREY RICHARD I ET AL PO BOX 339 ASHLAND, OR 97520 TREE-2019-00084 391 El CB 1002 CHALMERS RICHARD GARWOOD TRUSTEE ET AL 2268 ABBOTT AVE ASHLAND, OR 97520 TREE-2019-00084 391E11CB 1000 BUTLER RENE MIBENITEZ JOHN T JR 3286 INWOOD PL FAIRFIELD, CA 94534 TREE-2019-00084 391 El CA 2900 CARLSON HEIDI A 215 TOLMAN CREEK RD 6 ASHLAND, OR 97520 TREE-2019-00084 391 E11 CB 1042 CITY OF ASHLAND NIA ASHLAND, OR 97520 TREE-2019-00084 391 E11 CB 1100 TREE-2019-00084 391 E11 CA 2900 COOPER GLEN ALLEN TRUSTEE ET AL CZIRBAN JOEY ELLEN PO BOX 5753 215 TOLMAN CREEK RD 7 SANTA BARBARA, CA 93150 ASHLAND, OR 97520 TREE-2019-00084391E11CB 1006 FORREST ROBERT TROY/HOLLY M 2238 ABBOTT AVE ASHLAND, OR 97520 TREE-2019-00084 391 E11 CA 2900 GOTAJ DANIEL RICHARD 215 TOLMAN CREEK RD 17 ASHLAND, OR 97520 TREE-2019-00084 391E11CA 2900 HUTMACHER ARDYCE RENEE 215 TOLMAN CREEK RD 13 ASHLAND, OR 97520 TREE-2019-00084 391 E11 CA 2900 JAMES LOWE DEANE TRUST CIO JAQUELINE DEANE SCHMIDT 1210 GRAND AVE SAN RAFAEL, CA 94901 TREE-2019-00084 391E11CA 2900 FOSS JUSTIN DAVID 215 TOLMAN CREEK RD 26 ASHLAND, OR 97520 TREE-2019-00084 391 E11 CB 1028 HALLSTEIN UTE A 2240 DOLLARHIDE WAY ASHLAND, OR 97520 TREE-2019-00084 391E11CA 2900 IRELAND SERENE/KERR MARK J 215 TOLMAN CREEK RD 37 ASHLAND, OR 97520 TREE-2019-00084 391 E11CA 2900 BOSBACH FAMILY TRUST ET AL 215 TOLMAN GREEK RD 14 ASHLAND, OR 97520 TREE-2019-00084 391 E11 CA 2900 CABRERA MAN UEL A ET AL 215 TOLMAN CREEK RD 28 ASHLAND, OR 97520 TREE-2019-00084 391 E11 CB 1005 CARPENTIERI PATRICIA A 2244 ABBOTT AVE ASHLAND, OR 97520 TREE-2019-00084 391 E11CA 2900 COLE HERB /SALLY 215 TOLMAN CREEK RD 4 ASHLAND, OR 97520 TREE-2019-00084 391 El CB 1024 DANIEL WENDY L TRUSTEE ET AL PO BOX 3322 ASHLAND, OR 97520 TREE-2019-00084 391E11CA 2900 GILBERT JILL LOUISE 215 TOLMAN CREEK RD 12 ASHLAND, OR 97520 TREE-2019-00084 391Ell CA 2900 HANSON FAMILY TRUST ET AL 215 TOLMAN CREEK RD 31 ASHLAND, OR 97520 TREE-2019-00084 391 E11 CA 2900 JACOB ALEXANDRA FRANCES 215 TOLMAN CREEK RD 15 ASHLAND, OR 97520 TREE-2019-00084 391 E11 CA 2900 TREE-2019-00084 391 E11CB 1031 JEFFERS BILLY DONMELCH CHRISTINA KAUFMAN PROPERTY TRUST ET AL A 2222 DOLLARHIDE WAY 215 TOLMAN CREEK RD 32 ASHLAND, OR 97520 ASHLAND, OR 97520 TREE-2019-00084 391E11CA 2900 TREE-2019-00084 391E11CB 1007 TREE-2019-00084 391E11CB 1027 KENNEDY BEVERLY D KODWEIS CINDUROBERT KORESKI DAVID J TRUSTEE ET AL 215 TOLMAN CREEK RD 36 1031 W ROSE CIR 125 SOUTHWIND DR ASHLAND, OR 97520 LOS ALTOS, CA 94024 PLEASANT HILL, CA 94523 TREE-2019-00084 391 E11 CB 1023 LADYBUG PROPERTIES LLC PO BOX 1359 ASHLAND, OR 97520 TREE-2019-00084 391 El CB 1016 LEONARD PATRICIA A 74 RIDGECREST DR KLAMATH FALLS, OR 97601 TREE-2019-00084 391 El CA 2900 TREE-2019-00084 391 E11CA 2900 LANE LINDA JOYCE CIO LINDA JOYCE LARSEN DEBBIE J DURANGE 215 TOLMAN CREEK RD 11 215 TOLMAN CREEK RD 33 ASHLAND, OR 97520 ASHLAND, OR 97520 TREE-2019-00084 391 E 11 CB 1030 LININGTON PETER S TRUSTEE ET AL 2228 DOLLARHIDE WAY ASHLAND, OR 97520 TREE-2019-00084 391 E11 CA 2900 TREE-2019-00084 391 E11 CA 2900 MENEFEE LEONORA C HOLLINSWORTH MILLER SHERI ANN 1 JAMES LEE CRAIG AGENT 215 TOLMAN CREEK RD 1 215 TOLMAN CREEK RD 21 ASHLAND, OR 97520 ASHLAND, OR 97520 TREE-2019-00084 391E11CA 2900 NELKE MARY 215 TOLMAN CREEK RD 25 ASHLAND, OR 97520 TREE-2019-00084 391 E11 CB 1029 REID THOMAS T ET AL 918 WALKER AVE ASHLAND, OR 97520 TREE-2019-00084 391 E11 CA 2900 RYAN CHARLES R /MELISSA 215 TOLMAN CREEK RD 29 ASHLAND, OR 97520 TREE-2019-00084 391E11CB 1022 SHERCKJOHN PO BOX 921 LOS GATOS, CA 95031 TREE-2019-00084 391 E11 CB 1019 OONO STEVEN Y ET AL 3263113TH AVE SE BELLEVUE, WA 98004 TREE-2019-00084 391E11CB 1017 REID THOMAS TIHANNA MARILYN J 918 WALKER AVE ASHLAND, OR 97520 TREE-2019-00084 391 El CB 1021 SCHWARZER PETE 2257 DOLLARHIDE WAY ASHLAND, OR 97520 TREE-2019-00084 391 E11 CA 2900 SMILO SHERRY 2305 ASHLAND ST 281 ASHLAND, OR 97520 TREE-2019-00084 391E11CA 2900 TREE-2019-00084 391E11CA 2900 THE CAROLINE GRANAT REV TRUST ET THIRING DONALD C AL PO BOX 3556 2305C ASHLAND ST 198 ASHLAND, OR 97520 ASHLAND, OR 97520 TREE-2019-00084 391 E11 CA 2900 TREE-2019-00084 391 E11 CA 2900 TOLMAN CREEK PARK LLC CIO COOPER TRAVALLEE DANIEL DENNIS K 215 TOLMAN CREEK RD 23 1182 TIMBERLINE TER ASHLAND, OR 97520 ASHLAND, OR 97520 TREE-2019-00084 391E11CA 2900 LULL SUMMER ELIZABETH 215 TOLMAN CREEK RD 8 ASHLAND, OR 97520 TREE-2019-00084 391 E11 CA 2900 MURPHY THOMAS /HUBERTA 215 TOLMAN CREEK RD 34 ASHLAND, OR 97520 TREE-2019-00084 391 E11 CB 1004 PRESKENIS SHERI L 2256 ABBOTT AVE ASHLAND, OR 97520 TREE-2019-00084 391 E11 CA 2900 RHAMEY RAYMOND R /SARAH S 215 TOLMAN CREEK RD 9 ASHLAND, OR 97520 TREE-2019-00084 391 E11 CA 2900 SEROPIAN ARA GREGORY ET AL 3810 LEAHI AVE 109 HONOLULU, HI 96815 TREE-2019-00084 391E11CB 1026 STAPENHORST FRED V TRUSTEE ET AL 2258 DOLLARHIDE WAY ASHLAND, OR 97520 TREE-2019-00084 391E11CA 2900 THUNDERCLOUD SOPHIA 215 TOLMAN CREEK RD 19 ASHLAND, OR 97520 TREE-2019-00084 391El1CA 2900 VALINE ROBERT ARTHUR 215 TOLMAN CREEK RD 2 ASHLAND, OR 97520 TREE-2019-00084 391E11CB 1001 TREE-2019-00084 391E11CB 1003 TREE-2019-00084 391E11CB 1020 VINTAGE GROUP INC WALLECH THOMAS TRUSTEE ET AL WALLECH THOMAS TRUSTEE ET AL 2784 SISKIYOU BLVD PO BOX 4953 PO BOX 4953 ASHLAND, OR 97520 SONORA, CA 95370 SONORA, CA 95370 TREE-2019-00084 391 El CB 1018 WERNER MARY D 2233 DOLLARHIDE WAY ASHLAND, OR 97520 TREE-2019-00084 391 E11 CA 2900 WIGHT DAVID EDWARD 215 TOLMAN CREEK RD 20 ASHLAND, OR 97520 TREE-2019-00084 391 E11 CA 2760 TREE-2019-00084 WOODS JOYCE A REV LIV TRUST ET AL SOUTHERN OREGON TREE CARE PO BOX 891 WILLIE GINGG ASHLAND, OR 97520 PO BOX 5140 CENTRAL POINT, OR 97502 2264-2268 Dollarhide 11/22/2019 NOD 69 TREE-2019-00084 391 E11 CA 2900 WINNER MELVIN RAY 215 TOLMAN CREEK RD 22 ASHLAND, OR 97520 TREE-2019-00084 EAST VILLAGE HOA ELLEN FOWLER 2264 DOLLARHIDE WAY ASHLAND, OR 97520 V N i� f' � ,�"� ! 1 � u"µ r � f ii V I is N i i 1 ` � "� ! '� PLANNING ACTION: PA-TREE-2019-00084 SUBJECT PROPERTIES: 2264/2268 Dollarhide OWNER/ APPLICANT: East Village HOA DESCRIPTION: This is a request for a Tree removal permit to remove three (3) large mature cottonwood trees {Populus trichocarpa}. The trees are 15.5, 9, and 10 inches DBH and ranging in height between 30-45 feet. The trees have an extensive root system that has caused damage in the past and is continuing to cause damage to the adjacent properties patio. The subject property with the three trees is owned by the HOA and was set -aside as open space for wetland preservation. While the subject parcel has an identified wetland in it, based on the adopted maps staff determined that these trees are not within the Water Resource Protection Area. COMPREHENSIVE PLAN DESIGNATION: Suburban Residential; ZONING: R-1-3.5 MAP: 39 1 E 11 CB; TAX LOT: 1041 The Tree Commission recommends approving the application subject to the following: 1. That at least one of the trees be mitigated with a native tree appropriate for wetlands Department of Community Development Tel: 541488-5350 CITY OF Winbum Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 AS H LA N D NN-%Nir.asbland.or.us Planning Department, 51 Winburn ) Way, Ashland, Oregon 97520 CITY OF OFF 541-488-5305 Fax: 541-552-2050 www.ashland.or.us TTY: 1-800-735-2900 -ASHLAND 11OTICE OF APPLICATION PLANNING ACTION: TREE-2019-00084 SUBJECT PROPERTY: 226412268 Dollarhide Way OWNER/APPLICANT: East Village HOA DESCRIPTION: This is a request for a Tree removal permit to remove three (3) large mature cottonwood trees (Populus trichocarpa), The trees are 15,5, 9, and 10 inches DBH and ranging in height between 30-45 feet, The trees have an extensive root system that has caused damage in the past and is continuing to cause damage to the adjacent properties patio. The, subject property with the three trees is owned by the HOA and was set -aside as open space for wetland preservation. While the subject parcel has an identified wetland in it, based on the adopted maps staff determined that these trees are not within the Water Resource Protection Area, COMPREHENSIVE PLAN DESIGNATION: Suburban Residential; ZONING: R-1-3.5; ASSESSOR'S MAP 391E11CB; TAX LOT: 1041 NOTE: The Ashland Tree Commission will also review this Planning Action on Thursday, November 7, 2019 at 6:00 PM in the Community Development and Engineering Services building (Siskiyou Room), located at 51 Winburn Way. I$]: f_'J a] I Ig Imm acill -.1 Lill 6-vj Loll, L01 glin a 1 a 1:4k, RIK*] ITI I kilm November 12, 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 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 19.5.1.050.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 Wiinburn Way, Ashland, Oregon 97520. If you have questions or comments concerning this request, please feel free to contact Aaron Anderson at 541-488-5305. (;:\coititii-dev\plaiiiiingT]aniiing Actions\Noking IDiderWailed Notices Signs\2019%'I'Ikf,,F,.-2019-00084 2264-2268 DollaThMe.decx TREE REMOVAL PERMIT 18.5.7.040.B 1, made M?zarri Troo. 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 .... ......... "'-io - 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 1M. 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 Viat 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. G:\conundev\plann'ngTlanning ActionsWolicing FoTdcr\Niailed Notices & Signs\2019kTRr.E-2011)-0,0084_2264-2268.'rD,ollarhide.doc.\* 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 October 29, 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-2019-00084, 2264/2268 Dollarhide -y'—w— Sig , nature of Employee CAUseNsnVthda AFN'HEADesklop'AFFIDAVIT OF MPLING ds.dax 1 012912019 TREE-2019-00084 391 E11 CB 1035 TREE-2019-00084 391 E11 CA 2900 TREE-2019-00084 391 E11 CB 1025 ACCESS ALRICK DAVID J EAST VILLAGE HOA PO BOX 4666 PO BOX 3042 ANDERSON ELLEN MEDFORD, OR 97501 ASHLAND, OR 97520 2264 DOLLARHIDE WAY ASHLAND, OR 97520 TREE-2019-00084 391 E11 CA 2900 TREE-2019-00084 391 E11 CA 2900 TREE-2019-00084 391 E11 CA 2900 BONNIE MCLEAN REV LVG TRT BOOTH STEPHEN TRUSTEE BOSBACH FAMILY TRUST PO BOX 10826 PO BOX 3592 215 TOLMAN CREEK RD 14 PORTLAND, OR 97296 ASHLAND, OR 97520 ASHLAND, OR 97520 TREE-2019-00084 391 E11 CA 2900 TREE-2019-00084 391 El CB 1000 TREE-2019-00084 391 E11 CA 2900 BUDROE WILLETTE JOSEPHINE BUTLER RENEIBENITEZ JOHN CABRERA MANUEL ET AL 215 TOLMAN CREEK RD 10 3286 INWOOD PL 215 TOLMAN CREEK RD 28 ASHLAND, OR 97520 FAIRFIELD, CA 94534 ASHLAND, OR 97520 TREE-2019-00084 391 E11 CA 2761 TREE-2019-00084 391 E11 CA 2900 TREE-2019-00084 391 EI I CB 1005 CAREY RICHARD ET AL CARLSON HEIDI CARPENTIERI PATRICIA PO BOX 339 215 TOLMAN CREEK RD 6 2244 ABBOTT AVE ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 TREE-2019-00084 391 E11CB 1002 TREE-2019-00084 391 E11 CA 2900 TREE-2019-00084 391 E11CB 1100 CHALMERS RICHARD GARWOOD COLE HERBISALLY COOPER GLEN ALLEN TTEE TRUSTEE ET AL 215 TOLMAN CREEK RD 4 PO BOX 5753 2268 ABBOTT AVE ASHLAND, OR 97520 SANTA BARBARA, CA 93150 ASHLAND, OR 97520 TREE-2019-00084 391 El ICA 2900 TREE-2019-00084 391 El ICB 1024 TREE-2019-00084 391 El 1 CB1006 CZIRBAN JOEY ELLEN DANIEL WENDY TTEE ET AL FORREST ROBERT T/HOLLY 215 TOLMAN CREEK RD 7 PO BOX 3322 2238 ABBOTT AVE ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 TREE-2019-00084 391El1CA 2760 TREE-2019-00084 391ElICA 2900 TREE-2019-00084 391E11CA 2900 WOODS JOYCE REV LIV TRT FOSS JUSTIN DAVID GILBERT JILL LOUISE PO BOX 891 215 TOLMAN CREEK RD 26 215 TOLMAN CREEK RD 12 ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 TREE-2019-00084 391 El CA 2900 TREE-2019-00084 391 El CB 1028 TREE-2019-00084 391 EI I CA 2900 GOTAJ DANIEL RICHARD HALLSTEIN UTE A HANSON FAMILY TT ET AL 215 TOLMAN CREEK RD 17 2240 DOLLARHIDE WAY 215 TOLMAN CREEK RD 31 ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 TREE-2019-00084 391 E11CA 2900 TREE-2019-00084 391 E11CA 2900 TREE-2019-00084 391 El CA 2900 HUTMACHER ARDYCE RENEE IRELAND SERENEIKERR MARK JACOB ALEXANDRA FRANCES 215 TOLMAN CREEK RD 13 215 TOLMAN CREEK RD 37 215 TOLMAN CREEK RD 15 ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 TREE-2019-00084 391 E11 CA 2900 TREE-2019-00084 391 E11 CA 2900 TREE-2019-00084 391 E11 CB 1031 JAMES LOWE DEANE TRUST JEFFERS BILLY DON & KAUFMAN PROPERTY TT ET AL CIO J DEANE SCHMIDT WELCH CHRISTINA 2222 DOLLARHIDE WAY 1210 GRAND AVE 215 TOLMAN CREEK RD 32 ASHLAND, OR 97520 SAN RAFAEL, CA 94901 ASHLAND, OR 97520 TREE-2019-00084 391 E11 CA 2900 TREE-2019-00084 391 E11 CB 1007 TREE-2019-00084 391 El CB 1027 KENNEDY BEVERLY D KODWEIS CINDIIROBERT KORESKI DAVID TTEE ET AL 215 TOLMAN CREEK RD 36 1031 W ROSE CIR 125 SOUTHWIND DR ASHLAND, OR 97520 LOS ALTOS, CA 94024 PLEASANT HILL, CA 94523 TREE-2019-00084 391E11CB 1023 LADYBUG PROPERTIES LLC PO BOX 1359 ASHLAND, OR 97520 TREE-2019-00084 391EIICB 1016 LEONARD PATRICIA A 74 RIDGECREST DR KLAMATH FALLS, OR 97601 TREE-2019-00084 391E11CA 2900 MENEFEE LEONORA HOLLINSWORTH CRAIG AGENT 215 TOLMAN CREEK RD 21 ASHLAND, OR 97520 TREE-2019-00084 391E1ICA 2900 NELKE MARY 215 TOLMAN CREEK RD 25 ASHLAND, OR 97520 TREE-2019-00084 391 E11 CB 1029 REID THOMASIHANNA MARILYN 918 WALKER AVE ASHLAND, OR 97520 TREE-2019-00084 391 E11 CB 1021 SCHWARZER PETE 2257 DOLLARHIDE WAY ASHLAND, OR 97520 TREE-2019-00084 391 El ICA 2900 SMILO SHERRY 2305 ASHLAND ST 281 ASHLAND, OR 97520 TREE-2019-00084 391 E11 CA 2900 THIRING DONALD C PO BOX 3556 ASHLAND, OR 97520 TREE-2019-00084 391 E11 CA 2900 LANE LINDA JOYCE C/O LINDA JOYCE DURANGE 215 TOLMAN CREEK RD 33 ASHLAND, OR 97520 TREE-2019-00084 391 El CB 1030 LININGTON PETER S TTEE 2228 DOLLARHIDE WAY ASHLAND, OR 97520 TREE-2019-00084 391 E1ICA 2900 MILLER SHERI ANNIJAMES LEE 215 TOLMAN CREEK RD 1 ASHLAND, OR 97520 TREE-2019-00084 391 E11 CB 1019 OONO STEVEN ET AL 3263113TH AVE SE BELLEVUE, WA 98004 TREE-2019-00084 391EI ICA 2900 RHAMEY RAYMOND/SARAH 215 TOLMAN CREEK RD 9 ASHLAND, OR 97520 TREE-2019-00084 391 E11 CA 2900 SEROPIAN ARA GREGORY 3810 LEAHI AVE 109 HONOLULU, HI 96815 TREE-2019-00084 391 E11 CB 1026 STAPENHORST FRED TTEE 2258 DOLLARHIDE WAY ASHLAND, OR 97520 TREE-2019-00084 391 El CA 2900 THUNDERCLOUD SOPHIA 215 TOLMAN CREEK RD 19 ASHLAND, OR 97520 TREE-2019-00084 391 E1ICA 2900 LARSEN DEBBIE J 215 TOLMAN CREEK RD 11 ASHLAND, OR 97520 TREE-2019-00084 391E11CA 2900 LULL SUMMER ELIZABETH 215 TOLMAN CREEK RD 8 ASHLAND, OR 97520 TREE-2019-00084 391 El ICA 2900 MURPHY THOMAS /HUBERTA 215 TOLMAN CREEK RD 34 ASHLAND, OR 97520 TREE-2019-00084 391 E11 CB 1004 PRESKENIS SHERI 2256 ABBOTT AVE ASHLAND, OR 97520 TREE-2019-00084 391E1ICA 2900 RYAN CHARLESIMELISSA 215 TOLMAN CREEK RD 29 ASHLAND, OR 97520 TREE-2019-00084 391E11C131022 SHERCKJOHN PO BOX 921 LOS GATOS, CA 95031 TREE-2019-00084 391 E1ICA 2900 THE CAROLINE GRANAT TRUST 2305C ASHLAND ST 198 ASHLAND, OR 97520 TREE-2019-00084 391E11CA 2900 TOLMAN CREEK PARK LLC CIO COOPER DENNIS 1182 TIMBERLINE TER ASHLAND, OR 97520 TREE-2019-00084 391 E11 CA 2900 TREE-2019-00084 391 E11 CA 2900 TREE-2019-00084 391 E11 CB 1001 TRAVALLEE DANIEL VALINE ROBERT ARTHUR VINTAGE GROUP INC 215 TOLMAN CREEK RD 23 215 TOLMAN CREEK RD 2 2784 SISKIYOU BLVD ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 TREE-2019-00084 391 E11CB 1003 TREE-2019-00084 391 El CB 1018 TREE-2019-00084 391 E11CA 2900 WALLECH THOMAS TTEE WERNER MARY D WIGHT DAVID EDWARD PO BOX 4953 2233 DOLLARHIDE WAY 215 TOLMAN CREEK RD 20 SONORA, CA 95370 ASHLAND, OR 97520 ASHLAND, OR 97520 TREE-2019-00084 391 El CA 2900 WINNER MELVIN RAY 215 TOLMAN CREEK RD 22 ASHLAND, OR 97520 October 29, 2019 2264 & 2268 Dollarhide NOG 65 TREE-2019-00084 SOUTHERN OREGON TREE CARE WILLIE GINGG PO BOX 5140 CENTRAL POINT, OR 97502 ME 141 2 ItIA i M6G .. 2742 619 Mal- 0Q, 22041 21,0 2216, 2240 224Q 11 1 Subject Property 2268 Dollarhide Way PA -fit -2019-00084 21511 21510 -J 21512 1 113 ILI 110 nk- 21514 I I'M POP, L '�H, HE LRE, (C) OP-Str�FtM.,Sp coinfE5ut8rs. 3nd 1:600 :.inch equals So feet Mapping is schematic only and bears no warranty of accuracy, C I T Y 0 F 50 25 0 50 100 ISO 200 A# features, structures, facifilies, easement or roadway f 0 15 30 60 90 120 6. 6. Feet should be independently field verified for existence a nd1'laocionatiso n. ASHLAND Feet 1:600 p rma'l lffl�llis Planning Division Of 51 Winburn Way, Ashland OR 97520 ASHLAND 1,11-111-5305 Fax 541-488-6006 qq 0 DESCRIPTION OF PROPERTY0 J 1, ") � � Street Address /_­.. ('I FILE , Pursuing LEED@ 0NO Certification? DYES , Assessor's Map No. 39 1E 0(116 Tax Lot(s) i Q-1 1 Zoning Comp Plan Designation APPLICANT (X") �r Name '1l),f(Tl Phone ZZ6 %Z'ir' ��-Mail /� 1, 0 3 L Acldress,;,, city Zip PROPERTY OWNER Phone -Mail Name city Zip Address 2 2� k, 1, E-Mail �­,')JTLCCCL.L��) Title L4. " _� 11 —) 4, — Lj���Name Phone J Address city Zip 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 required findings of fact, are in all respects, true and correct. I understand that all property pins must be shown an the drawings and visible upon the site inspection. In the event the pins are not shown or their location found to be incorrect, the owner assumes full responsibility. I further understand that if this request is subsequently contested, the burden will be on me to establish: 1) that I produced sufficient factual evidence at the hearing to Support this request; 2) that the findings of fact furnished justifies the granting of the request; 3) that the findings of fact furnished by me are adequate; and further gg 4) that all structures or Improvements are properly located on the ground, Failure in this regard will result most likely in not only the request being set aside, but also possibly in my structures 11"n"I CoffarE 01reyblhn"9required to be removed at my expense. If I have any doubts, I am advised to seek competent professional advice and assistance C 1,111 0 ("'T '1,� J �,A J Applicant'i'Sig nature' Date C)f As owner of the property involved in this request, I have read and understood the complete application and its consequences tome as a property Property Own6r's Sign Date ffo be compleled by Offy Staill 'I Date Received I r-% IV-1 I zoning Permit Typel�, �Mo Filing Fee O':-)D— OVER D•llo Ukomm-devWannin94POrms 81 llandotAOZOning Permit Applicatiamdoc % SOUTHERN OREGON TREE CARE, LLC '71''n` Manammm Sotreecare.com PO Box 5140 Central Point, OR 97502 Prepared For m Willie Gingg ASCA Consulting Arborist PNW ISA f ied Tree Risk Assessor #1166 NMI October 10, 2019 F(f R E C E VT cl) "I Of 2264 Dolladlide Cottonwood -I JYN J Willie Gingg, BCMA I met Mr. Dennis Read at 2264 Dollarhide way in Ashland, Oregon, regarding some black cottonwood (Polmhts trichocatpa) near his property. These trees have been an issue in the past and again they are causing problems. First two trees are near the back comer of his lot. The nearest (tree 1) is 15.5" DISH (diameter at breast height) four feet from his fence and 45, feet tall. The second tree (tree 2) is - nine ,itiches DB,I-,I,,,,, 45 feet tall and eight feet from his fence. These two trees have roots protruding 30 feet into his 35-foot-wide back yard. There are seven sprouts popping into the back yard, many more he has chopped out, many visible surface roots, an area of pavers that is being heaved tip by roots as well as roots running right next to his back porch concrete stab. He has spent over $5,000.00 in the past having his yard re -landscaped on two different occasions and now because of this root intrusion he is again seeking professional help to get his yard back in a condition where he can enjoy it. The nearest tree was side pruned 2 years ago to remove overhanging limbs after the request to remove it was denied by the city, this tree has grown back into the yard again and will need another round of pruning soon to maintain clearance. There is another cottonwood (tree 3) near the front corner of the home he is concerned about as well. This tree is 10 inches DBH and 12 feet from the home and has sprouts popping tip right beside the foundation which is concerning him due to the possibility of roots under the home that could possibly cause structural damage. My assignment was to write a letter seeking permission to remove these trees due to the constant nuisance and expense as well as the future potential for damage as documented in the previous report reviewed by the Ashland tree commission January 4" 2018. This previous report was written tinder the assumption that these trees were within the wetland area. I was given a page from the clients that a city employee had drawn the wetland area on (exhibit A) and I added the approximate locations of trees 1, 2 and 3 showing that they are clearly outside of this area. Removal of these trees will not have a significant negative impact on erosion, soil stability, flow of surface waters, protection of adjacent trees, or existing windbreaks. Removal of these trees will not have a significant negative impact on the tree densities, sizes, canopies, and species diversity within 200 feet of the subject property. I believe the denial of the first request was likely influenced heavily by the assumption that these trees were within this riparian zone and with this new knowledge, the docurnented frequency and continual expense of both pruning and re -landscaping I request the cities approval in removing these trees. Please feel free to contact me with any questions you may have regarding this issue. Willie Gingg 11110, Southern Oregon Tree Care, Llc R C Ei:"' 11, V Room LS.X Board Certified Master Arbofist Sign Date OCA-1. 10120�'A I of 2 2264 Dollarhide Cottonwood-] )/19 Willie Gingg, BCMA MaN I 0 11, Imm's I V J, IY Of A,�,sl It il 2 of 2 jp NII "a/d/yA -igv? All pow I 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-2019-00084 Apply Date: 30/24720i9 Map & Tax Lot _ .: pro a Address 391E11CB1041 Owner Infornnatian Applicant In€ornia#ion Owner: East Village HOA Applicant: Ellen Fowler Owner 2264 Dollarhide Wy Applicant 2264 Dollarhide Wy Address: Ashland, OR 97520 Address: Ashland, OR 97520 Phone: (614) 296-1444 Phone: (614) 296-1444 Project Description Removal of 3 cottonwood trees in wetland area, HOA owned. Attached to parcel. Fees Fee Descriptions: Amount: Tree RemovalNerification Fee (Type I) $30.50 Applicant: Date: Total Fees: �� $30.50