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HomeMy WebLinkAboutNLaurel_270_PA-A-2020-00123CITY OT AS H LA N D September 15, 2020 Notice of Final Decision On September 14, 2020, the Community Development Director approved the request for the following: Planning Action: Subject Property: PA-A-2020-00123 270 N. Laurel Street Owner/Applicant: RW Signature Properties, LLC/Rogue Planning & Development Description: A request for a Modification of PA-TI-2020-00104 which granted Site Design Review approval to convert the existing four two -bedroom apartment units located at 270 North Laurel Street into six apartments including four 492 square foot one -bedroom apartments, one 780 square foot two -bedroom apartment, and one 984 square foot two -bedroom apartment. The original application included requests for Tree Removal Permits to remove two trees: a 14-inch Maple and a 10-inch Pine, and the original approval required that the Maple not be removed but instead be assessed by a certified arborist, preserved and protected. The Modification here is limited to requesting that the tree — determined by the arborist to be 28-inches in diameter at breast height - be removed after the arborist's assessment determined that the impacts of the proposal within the tree protection zone (including construction of a new entry, landing and walkway; construction of a new patio; installation of a new French drain system; and placement Of a new electric transformer/vault and trenching for conduit) are such that the tree cannot be preserved. COMPREHENSIVE PLAN DESIGNATION: High Density Multi -Family Residential; ZONING: R-3; ASSESSOR'S MAP: 39 iE 04CC; TAX LOT #'s: 503. The Community Development Director's decision becomes final and is effective on the 12th 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 Derek Severson in the Community Development Department at (541) 488-5305. cc: Parties of record and property owners within 200 ft COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541A88-5305 51 Winbum Way Fax: 541-552-2050 Ashland, Oregon 97520 iTY: 800-735-2900 VW Llii' ILA 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 shaII send notice of the reconsideration decision to affirm, modify, or reverse to any parry entitled to notice of the planning action. 4. If the Staff Advisor is not satisfied that an error occurred crucial to the decision, the Staff Advisor shall deny the reconsideration request. Notice of denial shall be sent to those parties that requested reconsideration. G. Appeal of Type I Decision. A Type I decision may be appealed to the Planning Commission, pursuant to the following: I . Who May Appeal. The following persons have standing to appeal a Type I decision. a. Tire applicant or owner of the subject property. b. Any person who is entitled to written notice of the Type I decision pursuant to subsection 18.5.1.050,13. 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 far Filing. A notice of appeal shall be filed with the Staff Advisor within 12 days of the date the notice of decision is mailed. c. Content of Notice of,4ppeal. The notice of appeal shall be accompanied by the required filing fee and shall contain. i. An identification of the decision being appealed, including the date of the decision. ii. A statement demonstrating the person filing the notice of appeal has standing to appeal. iii. A statement explaining the specific issues being raised on appeal. iv. A statement demonstrating that the appeal issues were raised during the public comment period. d. The appeal requirements of this section must be fully met or the appeal will be considered by the City as a jurisdictional defect and will not be heard or considered. 3. Scope of Appeal. Appeal hearings on Type I decisions made by the Staff Advisor shall be de novo hearings before the Planning Commission. The appeal shall not be Iimited 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 II 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: 541488-5305 51 WinSarn Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.onus !� ASHLAND PLANNING DIVISION FINDINGS & ORDERS PLANNING ACTION: PA-A-2020-00123 SUBJECT PROPERTY: 270 North Laurel Street OWNER/APPLICANT: RW Signature Properties, LLC Rogue Planning & Development Services, LLC (agent) DESCRIPTION: A request for a Modification of PA-T1-2020-00104 which granted Site Design Review approval to convert the existing four two -bedroom apartment units located at 270 North Laurel Street into six apartments including four 492 square foot one -bedroom apartments, one 780 square foot two -bedroom apartment, and one 984 square foot two -bedroom apartment. The original application included requests for Tree Removal Permits to remove two trees: a 14-inch Maple and a 10-inch Pine, and the original approval required that the Maple not be removed but instead be assessed by a certified arborist, preserved and protected. The Modification here is limited to requesting that the tree — determined by the arborist to be 28-inches in diameter at breast height - be removed after the arborist's assessment determined that the impacts of the proposal within the tree protection zone (including construction of a new entry, landing and walkway; construction of a new patio; installation of a new French drain system; and placement of a new electric transformer/vault and trenchingfor conduit) are such that the tree cannot be preserved. COMPREHENSIVE PLAN DESIGNATION: High Density Multi -Family Residential; ZONING: R-3; ASSESSOR'S MAP: 39 1E 04CC; TAX LOT #'s: 503. SUBMITTAL DATE: August 27, 2020 DEEMED COMPLETE DATE: August 28, 2020 STAFF APPROVAL DATE: September 14, 2020 APPEAL DEADLINE (4:30 P.M.): September 28, 2020 FINAL DECISION DATE (4:30 P.M.): September 28, 2020 APPROVAL EXPIRATION DATE: March 28, 2022 DECISION: Proposal The application is a request for a Minor Modification of PA-T1-2020-00104 which granted Site Design Review approval to convert the existing four two -bedroom apartment units located at 270 North Laurel Street into six apartments including four 492 square foot one -bedroom apartments, one 780 square foot two -bedroom apartment, and one 984 square foot two -bedroom apartment. PA-T1-2020-00104 included requests for Tree Removal Permits to remove two trees: a 14-inch Maple and a 10-inch Pine, but the original approval required that the Maple not be removed but instead be assessed by a certified arborist, preserved and protected. The Minor Modification proposed here is limited to requesting that the tree — determined by the arborist to be 28-inches in diameter at breast height - be removed after the arborist's assessment determined that the impacts of the proposal within the tree protection zone (including construction of a new entry, landing and walkway; construction of a new patio; installation of a new French drain system; and placement of a new electric transformer/vault and trenching for conduit) are such that the tree cannot be preserved. PA-A-2020-00123 270 N. Laurel StAds Page I Site Description The subject property is a trapezoidal parcel located at the south corner of the intersection of West Hersey Street, North Laurel Street and the railroad tracks, and is zoned R-3 (High Density, Multi - Family Residential). The property is located within the National Register -listed Skidmore Academy Historic District but is outside the locally -adopted district boundary of the Historic District Overlay zone as mapped in AMC 18.4.2.050 and as such is not subject to the Historic District overlay zone regulations. The property is approximately 11,848 square feet (or 0.272 acres) in area, and has approximately 135 feet of frontage along North Laurel Street. The property is separated from West Hersey Street to the north by the railroad tracks. The property currently contains an approximately 3,216 square foot fourplex building. The applicant has recently begun clearing the site of blackberries and preparing the building for anticipated renovation. North Laurel Street along the property frontage is a classified as a Residential Neighborhood Collector street in the city's Transportation System Plan (TSP) and is improved with paving, curbs, gutters, parkrow planting strips and sidewalks in place. There are currently no street trees within the parkrow planting strip along the property's frontage. West Hersey Street is classified as an Avenue or Major Collector street to the north of the property, across the railroad tracks. The Hersey Street corridor was recently improved with new pavement and sidewalks through a Local Improvement District (LID). The site is generally flat and largely devoid of significant natural features other than two trees: a 28-inch diameter at breast height (dbh) Silver Maple tree between the existing structure and Laurel Street, and a ten -inch dbh Deodar Cedar located to the north of the driveway. (A IO-inch dbh Ponderosa Pine tree was present along the east property line, but this tree was previously removed inadvertently without obtaining a permit in order to facilitate irrigation repairs on site, and a permit for that removal was retroactively approved with the original application.) Minor Modification - Tree Removal Permit As originally approved, PA-T1-2020-00104 included a condition (#5j) that required: That a revised Tree Protection Plan consistent with the standards described in 18.45 be submitted for review approval by the Staff Advisor prior to the issuance of a building permit. The plan shall include the preservation and protection of the Maple tree and shall incorporate a certified arborist's recommendations for treatments to enable its protection (e.g. means of minimizing grading in the root zone, hand excavation, surgical cutting of roots, boring of utilities, utilizing a post -and -beam foundation, etc.). With the current request, the applicant has provided a report from arborist Tom Madara explaining that the tree, a 28-inch dbh Silver Maple tree is generally in good health, shows no signs of disease, and is likely between 40 and 50 years old. Madara also notes that the tree appears to previously have split, and has included bark around this old wound. The tree sits approximately seven feet from the existing apartment building, which has a slab on grade. In discussion the construction impacts to the Maple's root zone, Madara notes the following: Street -Facing Entry Door (5%), Patio at Rear of Building (10%), New Electrical Transformer & Conduit (35%) with trenching necessary to a depth of three feet and within six feet of the trunk, French Drains to Correct Drainage Issues (Not quantified) and concludes that more than 50 percent of the tree's root zone will be PA-A-2020-00123 270 N. Laurel St./dds Page 2 adversely impacted by the project. Madara also notes that the Maple adversely impacts an Elm street tree recently planted by the neighbor to the south. Three neighbors provided written comments to the Tree Commission prior to their review at their regular monthly meeting in September. Neighbor Chris Leishman noted that the tree is the largest tree in the vicinity, and that its removal would have a significant impact on the streetseape and surrounding neighborhood. Leishman expresses opposition to the removal to allow construction of a street -facing entrance when recently installed fencing will block views of and access to the entry, and asks that the proposal be modified to keep the tree. Neighbors Jude White and Steve Morrell explain that the Maple tree has not been properly maintained, and its canopy overhangs their property and impacts a newly planted Elm street tree. They accept the arborist's recommendation to remove the tree. In rebuttal by the applicant to the Tree Commission in response to the comments received, the applicant emphasizes that the street -facing entry is only one component of the proposal that is impacting the tree, and that there is also necessary public and private utility infrastructure including an electric transformer's placement, the extension of conduit to provide electrical service to the building, and the installation of a French drain system to resolve long-standing drainage problems on the property. The applicant reiterated that they do not believe the tree can be adequately protected with amount of root zone disturbance proposed, so they have requested removal although they will continue to attempt to preserve the tree. In considering the request at its regular monthly meeting, the Tree Commission confirmed the rule of thumb originally put forth by the applicant that typically disturbance of more than 30 percent of a tree's root zone would lead to removal, and further indicated that Silver Maples generally have a moderate to good tolerance for construction disturbance within their root zone. Commissioners discussed that there is good canopy coverage along the Laurel Street corridor north and south of the site, but less coverage on the more industrial portion of Hersey Street directly to the north across the railroad tracks. Commissioners felt that the combined disturbance necessary to renovate the apartment building, and particularly the utility installation in close proximity to the trunk necessitated by the location of existing and proposed electrical service and necessary drainage improvements may well necessitate removal of the tree, and they ultimately recommended that while the applicant should do whatever they can to protect the tree during the anticipated disturbance, if the project arborist determines that the tree cannot be saved based on the impacts of construction then it's removal should be allowed. They further recommended that the hornbeams proposed as mitigation trees should be 13/4-inch caliper to better offset the loss of the mature Silver Maple. Applicable Criteria The criteria for Site Design Review approval are described in AMC Chapter 18.5.2.050 as follows: A. Underlying Zone: The proposal complies with all of the applicable provisions of the underlying zone (part 18.2), including but not limited to: building and yard setbacks, lot area and dimensions, density and floor area, lot coverage, building height, building orientation, architecture, and other applicable standards. 8. Overlay zones: The proposal complies with applicable overlay zone requirements (part 18.3). C. Site Development and Design Standards: The proposal complies with the applicable Site Development and Design Standards of part 18.4, except as provided by subsection E, below. PA-A-2020-00123 270 N. Laurel St./dds Page 3 D. City Facilities: The proposal complies with the applicable standards in section 18.4.6 Public Facilities and that adequate capacity of City facilities for water, sewer, electricity, urban storm drainage, paved access to and throughout the property and adequate transportation can and will be provided to the subject property, E Exception to the Site Development and Design Standards. The approval authority may approve exceptions to the Site Development and Design Standards of part 18.4 if the circumstances in either subsection 1 or 2, below, are found to exist. 1. There is a demonstrable difficulty meeting the specific requirements of the Site Development and Design Standards due to a unique or unusual aspect of an existing structure or the proposed use of a site; and approval of the exception will not substantially negatively impact adjacent properties; and approval of the exception is consistent with the stated purpose of the Site Development and Design; and the exception requested is the minimum which would alleviate the difficulty.; or 2. There is no demonstrable difficulty in meeting the specific requirements, but granting the exception will result in a design that equally or better achieves the stated purpose of the Site Development and Design Standards. The criteria for Tree Removal Permit approval are described in AMC Chapter 18.5.7.040.E as follows: 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. T 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 frees, 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 frees, 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. PA-A-2020-00123 270 N. LaureI StAds Page 4 The criteria for approval of a Minor Modification are described in AMC Chapter 18.5.6.040 as follows: C. Minor Modification Approval Criteria. A Minor Modification shall be approved only upon the approval authority finding that all of the following criteria are met. Minor Modification applications are subject to the same approval criteria used for the initial project approval, except that the scope of review is limited to the modification request. For example, a request to modify a commercial development's parking lot shall require Site Design Review only for the proposed parking lot and any changes to associated access, circulation, etc. Notice shall be provided in accordance with chapter 18.5.1. 2. A modification adding or altering a conditional use, or requiring a variance, administrative variance, or exception may be deemed a Major Modification and/or maybe subject to other ordinance requirements. 3. The approval authority shall approve, deny, or approve with conditions the application, based on written findings; except that conditions of approval do not apply, and findings are not required, where the original approval was approved through a Ministerial review. Decision In staffs assessment, based on the arborist's recommendation supported by the Tree Commission after their review, removal of the large Silver Maple is merited if, despite the applicant's best efforts, construction disturbance ultimately impacts its viability. As recommended by the Tree Commission, the proposed mitigation tree shall be 13/4-caliper inches to mitigate the removal of the large stature Maple, and it is strongly recommended that all five hornbeams proposed as street trees be of this size to make up for the Ioss of canopy in the streetscape. PA-A-2020-00123 is approved with the following conditions. Further, if any one or more of the following conditions are found to be invalid for any reason whatsoever, then PA-A-2020-00123 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 all conditions of PA-T1-2020-00104 shall remain in effect unless specifically modified herein. 3) That the required mitigation tree for the Maple shall be P/4-inch caliper, and it is strongly recommended that all of the hombeams to be planted as street trees be of this size to mitigate the loss of the large Silver Maple's canopy coverage within the Laurel Street streetscape. Maria Harris, Planning Manager Department of Community Development September 14, 2020 Date _ PA-A-2020-00123 270 N. Laurel St.ldds Page 5 AFFIDAVIT OF MAILING STATE OF OREGON } County of Jackson ) The undersigned being first duly sworn states that: I . I am employed by the City of Ashland, 20 East Main Street, Ashland, Oregon 97520, in the Community Development Department. 2. On September 15, 20201 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-A-2020-00123, 270 N. Laurel. &- M. � vo Signa e of Employee Documend 911612020 sj ege6/ea-AA,3Aeezalld PA-A-2020-00123 391E04CC9300 ASHLAND OREGON RENTAL LLC 331 POMPADOUR DR ASHLAND, OR 97520 PA-A-2020-00123 391E04CC10300 COLLINGS DAVID L/SCHRAN-COLLI 13236 E EVANS CREEK RD ROGUE RIVER, OR 97537 PA-A-2020-00123 391E04CC1100 DOWNEYSEAN M/JULIE E 160 VAN NESS AVE ASHLAND, OR 97520 PA-A-2020-00123 391E04CC9500 LEISHMAN CHRISTOPHER A ET AL 259 N LAUREL ST ASHLAND, OR 97520 PA-A-2020-00123 391E04CB2600 MCBRIDE JUDITH ANNE TRUSTEE E 323 N LAUREL ST ASHLAND, OR 97520 PA-A-2020-00123 391E04CC200 MEZZETTA MARC D TRUST ET AL 202 NW 6TH ST CORVALLIS, OR 97330 PA-A-2020-00123 391E04CC9400 PEILTHOMAS HANSEN TRUSTEE ET 335 GARFIELD ST ASHLAND, OR 97520 PA-A-2020-00123 391E04CB2601 PYEATT-BONDU RANT JACQUELYN PO BOX 354 ASHLAND, OR 97520 PA-A-2020-00123 391E04CC60002 SANFORD MARK/DEBORAH 258 A ST #1 ASHLAND, OR 97520 PA-A-2020-00123 391E04CC900 BELHUMEUR JASON M 176 VAN NESS AVE ASHLAND, OR 97520 PA-A-2020-00123 391E04CC12100 COX FRED 213 EASTBROOK WAY ASHLAND, OR 97520 PA-A-2020-00123 391E04CC800 KERN WILLIAM 298 W HERSEY ST #1 ASHLAND, OR 97520 PA-A-2020-00123 391E04CC9600 LETOURNEAU MIACHAEL W TRUSTEE 257 N LAUREL ST ASHLAND, OR 97520 PA-A-2020-00123 391E04CC801 MCGRATH ROBIN D TRUSTEE ET AL 240 N LAUREL ST ASHLAND, OR 97520 PA-A-2020-00123 391E04CC60001 MORRELL STEPHEN/DUDE WHITE 260 N LAUREL ST ASHLAND, OR 97520 PA-A-2020-00123 391E04CB2403 PISTOLE BRYAN/JESSICA C 120 WIGHTMAN ST #1 ASHLAND, OR 97520 PA-A-2020-00123 391E04CC9700 BLOCH LYLIA TRUSTEE ET AL 255 N LAUREL ST ASHLAND, OR 97520 PA-A-2020-00123 391E04CC10100 DAOLE MICHAEL 247 N LAUREL ST ASHLAND, OR 97520 PA-A-2020-00123 391E04CC500 LANDT RICK 950 B ST #1 ASHLAND, OR 97520 PA-A-2020-00123 391E04CC504 LOWRY MEREDITH L 180 VAN NESS AVE ASHLAND, OR 97520 PA-A-2020-00123 391E04CB2700 MEAD RDBERTTRUSTEE 451 WILEYST ASHLAND, OR 97520 PA-A-2020-00123 391E04CC1200 PADELLA LUCA ET AL 156 VAN NESS AVE ASHLAND, OR 97520 PA-A-2020-00123 391E04CC10200 POUPENEY PADDY ROSE TRUSTEE E 1748 GOLDEN RAIN RD #1 WALNUT CREEK, CA 94595 PA-A-2020-00123 PA-A-2020-00123 391E04CC503 ROGUE PLANNING AND DEVELOPMENT RW SIGNATURE PROPERTIES LLC 33 N CENTRAL AVE SUITE 213 229 W HERSEY ST MEDFORD, OR 97501 ASHLAND, OR 97520 PA-A-2020-00123 391E04CC12200 SERVANT MICHAEL A/MORESS RACH 308 N LAUREL ST ASHLAND, OR 97520 PA-A-2020-00123 391E04CC9200 SHELDON PAUL M JR 219 W HERSEY ST ASHLAND, OR 97520 PA-A-2020-00123 391E04CC70000 PA-A-2020-00123 391E04CC700 PA-A-2020-00123 391E04CC12000 SISKIYOU SACRED SPACES LP STEINBERGS JOHN/CARMEN SUNCREST HOMES LLC 127 STRAWBERRY LN 248 N LAUREL ST PO BOX 1313 ASHLAND, OR 97520 ASHLAND, OR 97520 TALENT, OR 97540 i nbP3 dfi-clod asodxa oa aU!j BUOIL Ruag slagej ssaappy,,, laad ASe3 PA-A-2020-00123 PA-A-2020-00123 PA-A-2020-00123 TOM MADERA ' EMILY SANTIAGO 'NOD 32 2994 WELLS FARGO 259 N LAUREL 9.15.2020 CENTRAL POINT, OR 97502 ASHLAND, OR 97520 Planning Department, 51 Winburn Way, Ashland, Oregon 97520 CITY OF 1LA1011 541-488-5305 Fax:541-552-2050 www,ashiand.or.us TTY:1-800-735-2900 ASHLAND NOTICE OF APPLICATION PLANNING ACTION: PA-A-2020-00123 SUBJECT PROPERTY: 270 N. Laurel OWNERJAP'P'LICANT: RW Signature Properties, LLC Rogue Planning & Development Services, 1A,C (agent) DESCRIPTION: A request for a Modification of PA-TI-2020-00104 which granted Site Design Review approval to convert the existing four two -bedroom apartment units located at 270 North L.aurel Street into six apartments including four 492 square foot one -bedroom apartments, one 780 square foot two -bedroom apartment, and one 984 square foot two -bedroom apartment. The original application included requests for Tree Removal Permits to remove two trees: a 14-inch Maple and a I 0-inch Pine, and the original approval required that the Maple not be removed but instead be assessed by a certified arborist, preserved and protected. The Modification here is limited to requesting that the tree — determined by the arborist to be 28-inches in diameter at breast height - be removed after the arborist's assessment determined that the impacts of the proposal within the tree protection zone (including construction q1'a neiv entry, landing and ri)a8ataj�; construvion Q1'a new patio; installation, of a new French drain systein'- andplacement (?f a neiv electric Iran#brinerIvault and irenchingj�r conduil) are such that the tree cannot be preserved. COMPREHENSIVE PLAN DESIGNATION: High Density Multi-Farnily Residential; ZONING: R-3; ASSESSOR'S MAP: 39 1E 04CC; TAX LOT 9: 503. NOTE: The Ashland Tree Commission will review this Planning Action at an electronic pubtic hearing on Thursday, September 3, 2020 at 6:0�0 PM. See page 2 of this notice for information about participating in the electronic public hearing. NOTICE OF COMPLETE APPLICATION: August 28, 2020 DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: September 11, 2020 t PA-TI-20'20-00104 . ... .. 270 N LAUREL ST SUBJECT PROPERTY vi "Y Y /4" /30// . . . . . . . . . . . .......... OVER n& Act s ioms\PAby StredUL iureXawet N 270PA-A-2020-00123 NfodificaitiondNaticEiiP\NLaLiiel_270PA-A-2D2C-GOi23rNOC.doex C; 'Free Commission Meethily—s Notice is hereby given that the Tree Commission will hold an electronic public hearing on the above described planning action on the meeting date and time shown on Page 1. Anyone wishing to submit written comments can do so by sending air e-mail to PC-public-testimony(&,ashlaiid.oi-.us with the subject line "Advisory Commission Hearing Testimony" by 4:30 p.m. on Tuesday, September 1, 2020., If the applicant wishes to provide a rebuttal to the testimony, they can submit the rebuttal via e-mail to PC-public-testi.mony@ashland.or.us with the subject line "Advisory Conuriission Hearing Testimony" by 4:30 p.m. on Wednesday, September 2, 2020. Written testimony received by these deadlines Will be available forTree Commissioners to review before the hearing and will be included in the meeting minutes. If you wish to virtually attend or listen to the Tree Commission meeting, send an email to LPstimoiiv(d/,islilaii(l.oi-.tjs by 1-30 p.m. on Wednesday, September 2, 2020. In order to virtually attend or listen to the commission meeting, please provide the following information: 1) make the subject line of the email "Advisory Commission Participant Request", 2) include your name, 3) specify the date and commission meeting you wish to virtually attend or listen to, 4) specify if you will be participating by computer or telephone, and 5) the name you will use if participating by computer or the telephone number you Will use if participating by telephone. Please note, participants that sign tip to virtually attend or listen to a commission meeting will not be allowed to speak during the meeting. In compliance with the American with Disabilities Act, if you need special assistance to participate in this meeting,, please contact the City Administrator's office at 541-488-6002 (TTY phone number 1-800-735-2900), Notification 72 hours prior to the irlecting will enable the City to make reasonable arrangements to ensure accessibility to the meeting. (28 CFR 35.102.-35.104 ADA Title 1). Tire Ashland Planning Division Staff has received a complete application for the property noted on Page I of this notice. Because ofthe COVID- 19 pandemic, application materials are provided online and comments will be accepted by email. Alternative arrangements, for reviewing the application or submitting comments can be made by contacting (54 1) 1188-5305 or rlanrrirr )aSh land.0r. LIS. A copy of the application, including all documents, evidence and applicable criteria are available online at "What's Happening in my City" at l'ittps://gis.astilan(Lol',LIS/devel()I)rTICIltp 0 os Is/, Copies of application rnatetials will be provided at reasonable cost, if requested. Under extenuating circurnstances, application materials may be requested to be reviewed in -person at the Ashland Community Development & Engineering Services Building, 5 t Winborn Way, via a pre -arranged appointment by calling (541)488- 5305 or ernailing, planii ing(d),ashland.or. Lis. Any affected property owner or resident has a right to submit written comments to plaufrulg@l �rashj 1,.LIS or to the City of Ashland Planning Division, 51 Winburn Way, Ashland, Oregon 97520 prior to 4:30 p.m. on the deadline date shown on Page I. 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 SUITOLInding, 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 frorn 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 frorn 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, PrOCILides 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. If you have questions or comments concerning this request, please feet free to contact staff project planner Derek Severson at 541-488- 5305 or der cic.seversotl@as,tilf.irid.oi-.us. AcfiansTAs by STiectlLLautelaLau:�e]_N_270\PA-A-2020-00123,.NIodifica4icn\N,oticiii,\NLauret 270 FIA-A-2020-0012.3 NOCAccx SITE DESIGN AND USE, STANDARDS 1&52.Q50 The following criteria shall beused k)approve mdeny anapplication: A- Underlying Zone: The proposal complies with all of the applicable prov�ions of the underlying zone (part 18.2), including but not limited to: building and ymn1 setbacks, lot area and dimensions, density and floor area. lot coverage, building height, building urientation, architecture, and other applicable standards, B. Overlay Zones: The proposal complies with applicable Overlay zone requirements (part 18.3). C� Site Development and Design Standards: The proposal complies with the applicable Site Development and Design Standards of part 18.4, except as provided bysubsection E. below. D. City FuoiKhBmo:The proposal complies with the applicable standards in section 18.4.6 Public Facilities and that adequate capacity of City facilities for water, sewer, electricity, urban storm drainage, paved access to and throughout the property and adequate transportation can and will be provided to the subject property. E £-7xo*ption to the Site Demyloppmmt amdDma�qo Standards: The approval authority may approve exceptions to the SihsOeve|npm*mtand Design Standards of part 18.4 if the circumstances in either subsection 1 or 2, below, are found to exist. There ismdemonstrable difficulty meeting the specific requirements ofthe Site Developmentand Design Standards due boaunique munusual aspect of an existing structure or the proposed use of a site; and approval of the exception will not substantially negatively impact adjacent properties; and approval ofthe exception ioconsistent with the stated purpose of the Site Development and Design; and the exception requested is the minirriurn which would alleviate the diffiou|ty.; or There ianodemonstrable difficulty [nmeeting the mpmoifiorequirements, but granting the exception will result inodesign that equally orbetter achieves the stated purpose ofthe Site Development and Design Standards. TREE REMOVAL PERMIT 10.5.7�040.113 1� Yazard Tree, AHazard Tree Removal Permit shall begranted if the approval authority finds that the application meetsall of the following criteria, mcan bamade toconform through the imposition mfconditions, 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 bytreatment, relocation, orpruning. See definition ufhazard tree [npart 18.6. b� The City may require the applicant to mitigate for the removal of each hazard tree pursuant to section 18,57,050, Such mitigation requirements shall beacondition ufapproval nf the permit. 2. True That is Not a Hazard. A Tree Removal Permit for atree that ienot mhazard shall begranted 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 18A and Physical and Environmental Constraints in part 1810. 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 ex|ahngw|ndbmaks. o. 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 nnreasonable alternative exists toallow the property tobaused aspermitted inthe 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 nntrees, onlong os the alternatives continue to comply with the other provisions of this ordinance. o. The City shall require the applicant humitigate for the removal ofeach tree granted approval pursuant tosection 18.S.7.858.Such mitigation requirements shall beacondition ofapproval ufthe permit. MINOR MODIFICATIONS 10.5'Q.84O C� Minot Ailodifirotion/Wprnms/Qrdede.AMinor Modification shall be approved only upon the approval authority finding that all of the foUowing criteria are met. I , Minor Modification applications are subject to the same approval criteria used for the initial project approval, except that the scope mfreview |alimited to the modification request. For example, a request to modify a commercial development's parking lot shall require Site Design Review only for the pmpuuud,purking|otandenyuhmn8eutoaaaociateducoaam'uirou|oiiun.etc.Notioemha|ibeprnvidod|nmounodancowiththup&ari8.5.t. 2. A modification adding or altering a conditional use, or requiring a variance, administrative variance, or exception may be deemed a Major Modification and/or may besubject toother ordinance requirements. 3. The approval authority shall approve, deny, or approve with conditions the application, based on written findings; except that conditions of approval do not apply, and findings are not required, where the original approval was approved through a Ministerial review, «cfi=�PAs by onwOCdo�x AFFIDAVIT OF MAILING STATE OF OREGON County of Jackson ) The undersigned being first duly sworn states that: 1. I am employed by the City of Ashland, 20 East Main Street, Ashland, Oregon 97520, in the Community Development Department, 2. On August 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 #PA-A-2020-00123, 270 N. Laurel. (11 ew 1 10 (&X Si ature of Empioyee aaumeW 812812020 rah LL, C'4 71- CD O 01 IL i 0 rlr Lli 0 f UI 01 41 / M AN . . . . . . . . . . . . PA-A-2020-00123 391E04CC9300 PA-A-2020-00123 391E04CC900 PA-A-2020-00123 391E04CC9700 ASHLAND OREGON RENTAL LLC BELHUMEUR JASON M BLOCH LYLIA TRUSTEE ET AL 331 POMPADOUR DR 176 VAN NESS AVE 255 N LAUREL ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-A-2020-00123 391E04CC10300 COLLINGS DAVID L/SCHRAN-COLLI 13236 E EVANS CREEK RD ROGUE RIVER, OR 97537 PA-A-2020-00123 391E04CC1100 DOWNEYSEAN M/JULIE E 160 VAN NESS AVE ASHLAND, OR 97520 PA-A-2020-00123 391E04CC9500 LEISHMAN CHRISTOPHER A ET AL 259 N LAUREL ST ASHLAND, OR 97520 PA-A-2020-00123 391E04CB2600 MCBRIDE JUDITH ANNE TRUSTEE E 323 N LAUREL ST ASHLAND, OR 97520 PA-A-2020-00123 391E04CC200 MEZZETTA MARC D TRUST ET AL 202 NW 6TH ST CORVALLIS, OR 97330 PA-A-2020-00123 391E04CC9400 PEIL THOMAS HANSEN TRUSTEE ET 335 GARFIELD ST ASHLAND, OR 97520 PA-A-2020-00123 391E04CB2601 PYEATT-BONDURANT JACQU ELYN PO BOX 354 ASHLAND, OR 97520 PA-A-2020-00123 391E04CC60002 SANFORD MARK/DEBORAH 258 AST #1 ASHLAND, OR 97520 PA-A-2020-00123 391E04CC12100 COX FRED 213 EASTBROOK WAY ASHLAND, OR 97520 PA-A-2020-00123 391E04CC800 KERN WILLIAM 298 W HERSEY ST #1 ASHLAND, OR 97520 PA-A-2020-00123 391E04CC10100 DAOLE MICHAEL 247 N LAUREL ST ASHLAND, OR 97520 PA-A-2020-00123 391E04CC500 LAN DT RICK 950 B ST #1 ASHLAND, OR 97520 PA-A-2020-00123 391E04CC9600 PA-A-2020-00123 391E04CC504 LETOURN EAU MIACHAEL W TRUSTEE LOWRY MEREDITH L 257 N LAUREL ST 180 VAN NESS AVE ASHLAND, OR 97520 ASHLAND, OR 97520 PA-A-2020-00123 391E04CC801 MCGRATH ROBIN D TRUSTEE ET AL 240 N LAUREL ST ASHLAND, OR 97520 PA-A-2020-00123 391E04CC60001 MORRELL STEPHEN/DUDE WHITE 260 N LAUREL ST ASHLAND, OR 97520 PA-A-2020-00123 391E04CB2403 PISTOLE BRYAN/JESSICA C 120 .W IG HTMAN ST #1 ASHLAND, OR 97520 PA-A-2020-00123 391E04CB2700 MEAD ROBERT TRUSTEE ,451 WILEY ST ASHLAND, OR 97520 PA-A-2020-00123 391E04CC1200 PADELLA LUCA ET AL 156 VAN NESS AVE ASHLAND, OR 97520 PA-A-2020-00123 391E04CC10200 POUPENEY PADDY ROSE TRUSTEE E 1748 GOLDEN RAIN RD #1 WALNUT CREEK, CA 94595 PA-A-2020-00123 PA-A-2020-00123 391E04CC503 ROGUE PLANNING AND DEVELOPMENT RW SIGNATURE PROPERTIES LLC 33 N CENTRAL AVE SUITE 213 229 W HERSEY ST MEDFORD, OR 97501 ASHLAND, OR 97520 PA-A-2020-00123 391E04CC12200 SERVANT MICHAEL A/MORESS RACH 308 N LAUREL ST ASHLAND, OR 97520 PA-A-2020-00123 391E04CC9200 SHELDON PAUL M JR 219 W HERSEY ST ASHLAND, OR 97520 PA-A-2020-00123 391E04CC70000 PA-A-2020-00123 391E04CC700 PA-A-2020-00123 391E04CC12000 SISKIYOU SACRED SPACES LP STEINBERGS JOHN/CARMEN SUNCREST HOMES LLC 127 STRAWBERRY LN 248 N LAUREL ST PO BOX 1313 ASHLAND, OR 97520 ASHLAND, OR 97520 TALENT, OR 97540 Allez a avery.ra/gabat-its ! PA-A-2020-00123 PA-A-2020-00123 ;PA-A-2020-00123 TOM MADERA EMILY SANTIAGO ` NOC 32 2994 WELLS FARGO 259 N LAUREL 8.28.2020 CENTRAL POINT, OR 97502 ASHLAND, OR 97520 Allez a avery.ca/gabarits Utilisez le GMbalft Aveiy 5160 IFE11-ski ZONING PERM IT APPLICATION ", y ' � Ptanning Division ASHLAnrt� C, �� _ , „- FILE # PA-A-2020-00I23 DESCRIPTION OF PROJECT Tree Removal DESCRIPTION OF PROPERTY Street Address270 N Laurel Street Assessor's Map No. 39 1 E 04cC Tax Lot(s) Zoning R-3 APPLICANT Pursuing LEER® Certification? ❑ YES ❑ NO 503 Comp Plan Designation High Density Multi -Family Residential Name Rogue Planning &DeveiopmentServices, LLG Phone 541-951-402Q_Mail amygunter.planning@gmail.com Address 33 N Central Avenue Suite 213 City Medford Zp PROPERTY OWNER Name RW Signature Properties, LLC Phone 541-613-762t-Mail Address 229 W Hersey Street SURVEYOR, ENGINEER, ARCHITECT, LANDSCAPE ARCHITECT, OTHER 97501 randallmartinwallace@gmail.com city Ashland Zip 97501 Title Arbodst Name Torn Madera Phone 541-664-7044 E-mail maderadesign@yahoo.corn Address 2994 Wells Fargo City Central Point Zip 97502 Title Name Phone E-Mail Address City 1 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. l further understand that if this request is subsequently contested, the burden will be on me to establish: 9) that 1 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 4) that all structures or improvements are property located on the ground. Failuril��Yeyerrd will result most likely in not only the request being set aside, but also p1W1;P 4°`my;Tructures being built in reliance thereon being required to be removed at my any any doubts, i am advised to seek competent professional advice and assistance. August 27, 2020 Applicant's Signature Date As owner of the property involved in this request, i have read and understood the complete application and its consequences to me as a property owner. G:lcomnrdevplmningTe= & Hmdouts\Zoningg Permit Applwalion due Property Owner's Signature (required) Rate [To be completed by City Sta#fj Date Received 8.27.2020 Zoning Permit Type Modification Filing Fee$ $361.25 OVER /1 G.kom3n-devlpIanninglForms & Handoucs\Zoni�, Ferran Application.doc ZONING PERMIT SUBMITTAL! REQUIREMENTS t APPLICATION FORM must be completed and signed by both applicant and property owner, m FINDINGS OF FACT — Respond to the appropriate zoning requirements in the form of factual statements or findings of fact and supported by evidence. List the findings criteria and the evidence that supports it. Include information necessary to address all issues detailed in the Pre -Application Comment document. m 2 SETS OF SCALED PLANS no larger than I x17". Include site plan, building elevations, parking and landscape details. (Optional —1 additional large set of plans, 2'x3% to use in meetings) m FEE (Check, Charge or Cash) m LEED® CERTIFICATION (optional) — Applicant's wishing to receive priority planning action processing shall provide the following documentation with the application demonstrating the completion of the following steps: • Hiring and retaining a LEED® Accredited Professional as part of the project team throughout design and construction of the project; and • The LEED® checklist indicating the credits that will be pursued. • Applications are accepted on a first come, first served basis. • Applications will not be accepted without a complete application form signed by the applicant(s) AND property owner(s), all required materials and full payment. • All applications received are reviewed for completeness by staff within 30 days from application date in accordance with ORS 227,178, • The first fifteen COMPLETE applications submitted are processed at the next available Planning Commission meeting, (Planning Commission meetings include the Hearings Board, which meets at 1:30 pm, or the full Planning Commission, which meets at 7:00 pm on the second Tuesday of each month. Meetings are held at the City Council Chambers at 1175 East Main St), • A notice of the project request will be sent to neighboring properties for their comments orconcerns. • If applicable, the application will also be reviewed by the Tree and/or Historic Commissions. GAconinAev\p1a1Ming\F0rms & Hmdouts\Zoning Pernik Applicatian.doc August 27, 2020 Request for Modification of Conditions to allow tree removal Property Owner: Landscape Design/Arborist: RW SIGNATURE PROPERTIES, LLC 229 W HERSEY STREET ASHLAND, OR 97520 MADERA DESIGN WELLS FARGO LANE CENTRAL POINT, OR 97502 Planning Consultant: ROGUE PLANNING & DEVELOPMENT SERVICES 33 N CENTRAL AVE. STE. 213 MEDFORD, OR 97501 Subiect Property Address: 270 North Laurel Map & Tax Lot: 391EO4CC 503 Comprehensive Plan Designation: High Density Multiple Family Residential Zoning: R-3 Adjacent Zones: R-3 and Employment (E-1) Overlay Zones: Performance Standards Overlay Detail Site Review Standards Request: The request seeks a modification of the conditions of approval that required the preservation of a maple tree that had been proposed for removal. The original application (PA-T1-2020-00104) decision required a preservation plan for the tree, denying the requested removal (5.j). An arborist evaluation was obtained and a request to remove the tree based on the recommendation from the arborist is sought with this application, The arborist evaluation is attached. August 27, 2020 Page 1 of 3 270 N Laurel Street FINDINGS OF FACT Site Development Design Standards Approval Criteria: Ashland Municipal Code 18.5.2.050 18.5.7 Tree Removal: B. Tree Removal Permit. 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 18.3.10. Finding: There is a .14-inch maple tree on the southwest corner of the property near the structure. This tree is proposed for removal. it is proposed for removal to allow for the front entrance on the western most unit that faces Laurel Street. To remedy this, a street facing entrance and covered stoop are proposed. There are substantial drainage issues presently on -site because the structure and the maple tree are lower than the sidewalk and lower than the property to the south, in a hole. This "hole" fills with rainwater which then pools against the structure. With the proposed construction, substantial grading will be necessary to install French drains and to construct the stoop. An electrical transformer is also going to be installed in the area where the maple tree is presently located. Based on the direction of the Ashland Electric Dept. this transformer needs to go on the south side of the site which is near the other infrastructure further south. The grading to address the drainage issues, and the cutting of the roots to install the French drains and the impacts from construction of the front entry and porch will have a negative impact on the health of the tree which is why it is requested for removal. The disturbance from the grading, electric infrastructure trenching and excavation, new patio area and porch cover will disturb more than 25 percent of the root zone of the maple tree. Based on the arborist evaluation substantially more than 25 percent of the root zone will be impacted and the tree should be removed. 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. Finding: The removal of the 14' maple have no impacts on erosion, soil stability, flow of surface waters, and protection of adjacent trees or existing windbreaks. August 27, 2020 Page 2 of 3 270 N Laurel Street 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. Finding: There are a significant number of deciduous and confer trees within 200 feet of the property. These trees are of various size, stature and species on the properties immediately adjacent. The removal of the single maple tree will not have a negative impact on the densities, sizes, canopies or species diversity in the neighborhood. 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. Finding: The proposal complies with residential densities. There will be numerous replacement trees planted on -site. The structure location cannot be modified. The placement of a street facing entrance on the west side of the structure can only go in the location where shown and not in another location on the site. The physical impacts to the trees root zone, existing and anticipated from construction are the reason for the request to remove. 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. Finding Numerous mitigation trees are proposed to be planted throughout the project site. Due to the nature of the development, high -density multi family, no conifer trees are proposed. The trees will be planted and maintained per the specifications of the Recommended Street Tree Guide. August 27, 2020 Page 3 of 3 270 N Laurel Street Ve,?dc'ra sIgn Inc Landscape ArChIleclure, Design �c Consultation 1-664-7055 2994 Wells Fargo Rd Central Point, Or 97502 madaradesinginc.com CERTIFIED ARBORIST: THOMAS MADARA Client: Randy Wallace August 12, 2020 Ashland, Or 97520 Site: 270 N. Laurel St Ashland, Oregon 97520 This report is in reference to a site visit on 8/12/20 to assess the condition of a Silver Maple 28" in Diameter located on the SW portion of the property in close proximity to an existing structure currently being remodeled. I would guesstimate it to be between 40 and 50 years old. The tree's general health and condition is good. No disease. It is in need of significant pruning which does not appear to have been done previously. Included are pictures depicting the tree and the adjacent areas of concern. The Maple has multiple large branches that appear to have been a part of the tree since early in its life. It appears to have had a split at the base early in its growth. There is an included bark joint at same place (see photos). The tree is within 7' of an existing structure which is a slab on grade. The following are significant required construction elements that have the potential to affect the root zone. 1, An entry door is required on the face of the building 8' from the southwest corner of the structure. As this is the entry, it will require a landing. One is planned for in conjunction with an entry walk moving to the North away from the entry door and tree, This will affect approximately 5% of the root zone above and beyond an existing concrete slab that is being removed. 2. There is an approved patio space beginning at the southwest corner extending East across the Southern face of the structure. This work is within 5' of the trunk and has impacted approximately 10% of the root zone. 3. There is a required electrical transformer at the southwest corner of the property. In addition to the 5' vault at the corner it will require a service conduit to the structure approximately 3' deep running through the southern portion of the root zone, as close as 6' from the trunk affecting approximately 35% of the root zone. Another element that is a part of this trees circumstance is that it over shadows an Elm tree that was planted more recently in the park strip between the sidewalk and the street curbing. The Maple is dominating and as time moves forward will cause the Elm to develop an un-natural form in trying to cohabitate the same available space. Rim Landscape Architecture, Design & Consultation 1 -6-70 With the approved and required elements comprising approximately 50% of the root zone will be impacted. I believe the tree should be approved for removal allowing that we are adding 10 additional trees to the site as planned to mitigate it's loss. ISA Certified Arborist Thomas Madara Oregon State Landscape Architect Hoard, License Number 528 Oregon Landscape Contractors License, License Number 11416 International Society of Arboriculture, License Number PN-6204-A 1 /� ': �22\ � : > w�\ . ©.w < ...� . : �a : - , .:. � � w. . . . .�. jy��