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Home My WebLink AboutHersey_280_PA-TREE_2020-001027 CITY OF -AS H LA N D March 19, 2020 Notice of Final Decision On March 19, 2020, the Community Development Director approved the request for the following: Planning Action: TREE-2020-00102 Subject Property: 280 E Hersey Street Applicant: Toney Family Credit Shelter Description: This is a request to remove an unidentified tree approximately 8" DBH to the east of the middle building at a light industrial complex located at 280 E Hersey. The tree is located immediately above a 4" sanitary sewer line that has experienced blockages due to root intrusion. The sewer line also suffers from a pronounced dip, that may or may not be caused by the tree, but the tree prevents remediation's of the issue. The applicant has provided a video of the sewer main from Roto-rooter demonstrating a significant dip in the line near the tree and immediately after the root intrusion. 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: 541.488-5305 51 WinburnWay F'ax:541-552-2050 IMI Ashland, Oregon 97520 TTY: 800-735-2900 _: www.asliland.or'.us 7 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. 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 Appeal. 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 oil 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 Il 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: 541-488-5305 51 Winburn Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY, 800-735-2900 I U'l www.ashland.onus ASx.i�AND PLANNING DIVISION FINDINGS & ORDERS PLANNING ACTION: PA-TREE-2020-00102 SUBJECT PROPERTY: 280 E Hersey St. OWNER: Toney Family Credit Shelter APPLICANT: Jerry Toney DESCRIPTION: This is a request to remove an unidentified tree approximately 8" DBH to the east of the middle building at a light industrial complex located at 280 E Hersey. The tree is located immediately above a 4" sanitary sewer line that has experienced blockages due to root intrusion. The sewer line also suffers from a pronounced dip, that may or may not be caused by the tree, but the tree prevents remediation's of the issue. The applicant has provided a video of the sewer main from Roto- rooter demonstrating a significant dip in the line near the tree and immediately after the root intrusion. COMPREHENSIVE PLAN DESIGNATION: Employment; ZONING: E- 1; ASSESSOR'S MAP: 39 1E 04 DC; TAX LOT: 3401 SUBMITTAL DATE: February 28, 2020 DEEMED COMPLETE DATE: February 28, 2020 STAFF DECISION DATE: March 19, 2020 DEADLINE TO APPEAL (4:30 p.m.): March 31, 2020 FINAL DECISION DATE: April 1, 2020 APPROVAL EXPIRATION DATE: October 1, 2021 DECISION This proposal is to remove an 8" DBH tree located at 280 E Hersey, the species of the tree is not identified. The subject property is zoned E-1 and is 2.67 acres in size. The property is developed with three industrial buildings that run east to west. The tree sits to the east of the middle building and is part of the required landscaping. The applicant has had sewer problems and needs to excavate to repair a sewer lateral serving one of the buildings. The applicant included a link a video that was prepared by roto-rooter showing root intrusion, and evidence of the line having a dip in it. Because the tree sits directly over the lateral its removal is required for the property owner to excavate and replace the sewer lateral. At the Tree Commission's March 5th meeting the application was reviewed. After a brief deliberation the Tree Commission voted unanimously to recommend approval for the tree removal. In staffs assessment, the tree removal as proposed fully meets the "hazard tree" criteria based on the damage that is being caused to the applicant's sewer infrastructure. The criteria for a Tree Removal Permit are described in AMC Chapter 18.5.7.040.13 as folIo`vs: 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 free 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 TREE-2020-00102 280 E Hersey St./aa Page 1 or danger cannot reasonably be allevi,. .I by treatment, relocation, or pruning. See definition Azard 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 #TREE-2020-00102, 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- 2020-00102 is approved. If any one or more of the following conditions are found to be invalid, for any reason whatsoever, then Planning Action #TREE-2020-00102 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, shall be planted on site within one (1) year of issuance of this decision. 3. That a mitigation tree shall be planted at a minimum of a 1'/2-inch caliper consistent with the r ire ments f AMC 18.5.7.050. r� Molnar, Dir ty Development Date TREE-2020-00102 280 E Hersey St./aa Page 2 STATE OF'OREGONI County of Jackson The undersigned being first duly sworn states that: 1, 1 am employed by the City of Ashland, 20 East Main Street, Ashland, Oregon 97520, in the Community Development Department. 2, On March 19, 2020 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-2020-00102, 280 E Hersey. Sign'ature of Employee Documentt 3119020 TREE-2020-00102 TREE-2020-00102 TREE-2020-00102 JOKINEN ROBIN E BERNARD-PANDEY KRISTINE R CUTTER CATHERINE C ET AL 311 E HERSEY ST 321 E HERSEY ST 299 E HERSEY ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 TREE-2020-00102 PETTERSON ERIK G 755 OAK ST ASHLAND, OR 97520 TREE-2020-00102 CLEARCREEK PROPERTIES LLC 575 TUCKER ST ASHLAND, OR 97520 TREE-2020-00102 O'DONNELL JOSEPH WIJANICE D 482 CAROL ST ASHLAND, OR 97520 TREE-2020-00102 PYLE THOMAS WIAMANDA L 251 E HERSEY ST ASHLAND, OR 97520 TREE-2020-00102 TFT HERSEY ST PROPERTIES LLC 6581 GRIFFIN GREEK RD MEDFORD, OR 97501 TREE-2020-00102 CLEARCREEK PROPERTIES LLC 3365 KUAUA PL KIHEI, HI 96753 TREE-2020-00102 HUNG EPING ET AL 156 6TH ST ASHLAND, OR 97520 TREE-2020-00102 BERNARD HERSEY PROPERTY LLC PO BOX 730 ASHLAND, OR 97520 TREE-2020-00102 KWART MARY MARGARET TRUSTEE E 1467 SISKIYOU BLVD #42 ASHLAND, OR 97520 TREE-2020-00102 D-MAC LLC ET AL 240 E HERSEY ST ASHLAND, OR 97520 TREE-2020-00102 WILLIAMSON ROBERT C 2728 W MAIN ST MEDFORD, OR 97501 280 Hersey 03/19/2020 NOC 19 TREE-2020-00102 FOWLER GERARD STEPHEN TRUSTEE 309 KENT ST ASHLAND, OR 97520 TREE-2020-00102 ACCESS -SINGLE-FAMILY LLC 3630 AVIATION WAY MEDFORD, OR 97504 TREE-2020-00102 WILSON AND RUBALOFF TRUST AGR 479 CAROL ST ASHLAND, OR 97520 TREE-2020-00102 TONEY FAMILY CREDIT SHELTER T 6581 GRIFFIN CREEK RD MEDFORD, OR 97501 TREE-2020-00102 COMSTOCK PAUL PO BOX 35 PHOENIX, OR 97535 ' ' Co,untv of Jackson, OR, SUI-a5U of Land ManaQi,-i-m�-nt, State of Ort I CITY OF Planning Department. 51 Winburn Way, Ashland, Oregon 97520 541-488-5305 Fax: 541-552-2050 www.ashland.or,us TTY: 1-800-735-2900 -ASHLAND MONA . ................. . ..... NOTICE OF APPLICATION PLANNING ACTION: PA-TREE-2020-00102 SUBJECT PROPERTY: 280 E Hersey Street OWNERIAPPLICANT: Toney Family Credit Shelter/Jerry Toney DESCRIPTION: This is a request to remove an, unidentified tree approximately 8" DBH to the east of the middle building at a light industrial complex located at 280 E Hersey, The tree is, located immediately above a 4" sanitary sewer line that has experienced blockages due to root intrusion. The sewer line also suffers from a pronounced dip, that may or may not be caused by the tree, but the tree prevents remediation's of the issue. The applicant has provided a video of the sewer main from Roto-rooter demonstrating a significant dip in the line near the tree and immediately after the root intrusion, COMPREHENSIVE PLAN DESIGNATION: Employment; ZONING: E-1; ASSESSOR'S MAP #: 391 E04DC; TAX LOT: 3401 NOTE: The Ashland Tree Commission will also review this Planning Action on Thursday, March 5, 2020 at 6:00 PM in the Community Development and Englneering Services building (Siskiyou Room), located at 51 Winburn Way. NOTICE OF COMPLETE APPLICATION: February 28, 2020 DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: March 13, 2020 1 1 -1 "1 —11�14 I I— lay"A I 1- I I ,2l if I 1�11 1- 1- 1 ,, / .' NEW 1 11411111111 "�M Subject Prop�ertles 280 IS Hersey PA-TI-2020-00102 4 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 Commissuon of the Planning Division Staffs decision must be made in writing to the Ashland Planning Nvision within 12 days from the date of the mailing of final decision. (AMC 18.5.1.050,G) The ordinance criteria applicable to this appiication 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 declslon 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 apprication, 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. 'TREE REMOVAL PERMIT 18.51.040.13 1. flazard Troa, 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 confirm 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 18,53,050. Such mitigation requirements shall be a condition of approval of the permit. 2, Tree That is Not a Hazar'(1, A Tree Removal Permit for a tree that is not a hazard shall be granted if the approval authority finds that the application Tree .... ..... ---- . ................ . .... . . 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 18A 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 alternafives, 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. (i�tcDinuii-deyNI,�lanningM'Baiiiiaii,gActionskN'oiicing MderWailedNofices& Sigris12020TREE-2020-CO]02.tlocx STATE OF OREGON County of Jackson The undersigned being first duly sworn states that: 1. 1 am employed by the City of Ashland, 20 East Main Street, Ashland, Oregon 97520, in the Community Development Department. 2, On February 28, 2020 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-2020-00102, 28,0 E Hersey. �Vv Signature of Employ46 C:4UseTs466thda.AFNHEDesRtopWFIDAVIT OF PANLINQ_ds docx 2J2812020 TREE-2020-00102 391 E04DC2500 TREE-2020-00102 391 E04CD2000 ACCESS -SINGLE-FAMILY LLC BERNARD HERSEY PROPERTY 3630 AVIATION WAY LLCDAVID A BERNARD-MANAGER MEDFORD, OR 97504 PO BOX 730 ASHLAND, OR 97520 TREE-2020-00102 391 E09BA60000 TREE-2020-00102 391 E09BA60003 CLEARCREEK PROPERTIES LLC CLEARCREEK PROPERTIES LLC 575 TUCKER ST 3365 KUAUA PL ASHLAND, OR 97520 KIHEI, HI 96753 TREE-2020-00102 391 E04DC2600 TREE-2020-00102 391 E04DC3400 CUTTER CATHERINE D-MAC LLC 299 E HERSEY ST ALDEAN CROPPER ASHLAND, OR 97520 240 E HERSEY ST ASHLAND, OR 97520 TREE-2020-00102 391 E04DC3201 TREE-2020-00102 391 E04DC2500 HUNG EPING ET AL JOKINEN ROBIN E 156 6TH ST 311 E HERSEY ST ASHLAND, OR 97520 ASHLAND, OR 97520 TREE-2020-00102 391 E04DC2900 TREE-2020-00102 391 E04DC2700 O'DONNELL JOSEPH/JANICE PETTERSON ERIK G 482 CAROL ST 755 OAK ST ASHLAND, OR 97520 ASHLAND, OR 97520 TREE-2020-00102 391 E04DC3401 TREE-2020-00102 391 E09AB6700 TONEY FAMILY CREDIT SHELTER UNION PACIFIC RR CO JERRY TONEY PROPERTY TAX DEPARTMENT 6581 GRIFFIN CREEK RD 1400 DOUGLAS ST #1640 MEDFORD, OR 97501 OMAHA, NE 68179 TREE-2020-00102 391 E04DC3000 2/28/20 WILSON AND RUBALOFF TRUST AGR 280 E Hersey NOC 479 CAROL ST 19 ASHLAND, OR 97520 TREE-2020-00102 391 E04DC2501 BERNARD-PANDEY KRISTINE R 321 E HERSEY ST ASHLAND, OR 97520 TREE-2020-00102 391 E09AB6605 COMSTOCK PAUL PO BOX 35 PHOENIX, OR 97535 TREE-2020-00102 391 E09AB6602 FOWLER GERARD STEPHEN TTEE 309 KENT ST ASHLAND, OR 97520 TREE-2020-00102 391 E04DC2901 KWART MARY MARGARET TTEE 1467 SISKIYOU BLVD #42 ASHLAND, OR 97520 TREE-2020-00102 391 E04DC3100 PYLE THOMAS/AMANDA 251 E HERSEY ST ASHLAND, OR 97520 TREE-2020-00102 391 E04DC3500 WILLIAMSON ROBERT C 2728 W MAIN ST MEDFORD, OR 97501 1 JJ f „ ,,, , i / /� // GrJs a,✓r rF/r.n ii ai.�rri /(F, F 'r J r � r i. NA LA it i/ rill%g �e i n, r r� 2nI 7 O O O O 3!A Planning Division ZONING PERMIT APPLICATION 51 Winbum Way, Ashlnd OR 97520 "-' , CITY OF FILE # i r I -ASHLAND 541-488-5305 Pax 541-a6006488-el, r"" DESCRIPTION OF PROJECT 4r,6e— Vk-.O-- DESCRIPTION OF PROPERTY Street Address Pursuing LEED0 Certification? 0 YES �o il Assessor's Map No. 391 E otl - P Tax Lot(s) L10 —�I— Zoning ( 0 C ( e,=:k Comp Plan Designation APPLICANT J - <!, V - ,, 11 —� (-1.1+"( L", - V"', �' "'7 � C 0, ( Name e Phone '51 ('4's Address.(, 7, 6 )1 -city Zip PROPERTY OWNER 4 V S "Phone Name —L C, Address 6" C, C", city Zip SURVEYOR, ENGINEER, ARCHITECT, LANDSCAPE ARCHITECT, OTHER Title -Name Address Title Address arne City City E-Mail — Zip E-Mail — 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 on 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 furnishedJustifies the granting of the request,• 3) that the findings of fact furnished by me are adequate; and further 4) that all structures or improvements are 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 being built in reliance thereon being required to 'd at my expense, xign"'n e IN have any doubts, I am advised to seek competent professiona AP hl advice and assistance, be 'o ovcae S SSignature �at u Date As owner of the property involved in this request, i have read and understood the complete application and its consequences to me as a property owner signaturi"I(required) Date [To bo wmplated by Gay Stan] Date Received-,,., Zoning Permit Type— �09 Filing Fee Wcomin-de0plamingTo,ms & AandovlsYZoning Permit Application.doc City of Ashland Commuinity 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-2020-00102 ,Apply Date: 2/2812020 . .. ..... � Map & Tax Lot Property Address 391 E04DC3401 1 280 E Hersey St Owner Information Applicant Information Owner: Toney Family Credit Shelter Applicant: Toney Family Credit Shelter Owner 6581 Griffin Crk Applicant 6581 Griffin Crk Address: Medford, OR 975011 Address: Medford, OR 97501 Phone: () Phone: 0- Project Description Tree removal for tree blocking sewer line of commercial building Fees Fee Description: Amount: Tree RemovalNerification Fee (Type 1) $30.50 Applicant: Date: ITotal Fees: 1 $30.50 1