HomeMy WebLinkAbout2023-10-10 Planning PACKET
Planning CommissionAgenda
Note: Anyone wishing to speak at any Planning Commission meeting is encouraged to do so. If you wish to speak, please rise and, after you have
been recognized by the Chair, give your name and complete address for the record. You will then be allowed to speak. Please note the public
testimony may be limited by the Chair.
October 10, 2023
REGULAR MEETING
AGENDA
I.
CALL TO ORDER: 7:00 p.m., Civic Center Council Chambers, 1175 E. Main Street
II.ANNOUNCEMENTS
III.CONSENT AGENDA
1.Approval of Minutes
a.September 12, 2023 Regular Meeting
IV.PUBLIC FORUM
Note: To speak to an agenda item in person you must fill out a speaker request form at the meeting and will
then be recognized by the Chair to provide your public testimony. Written testimony can be submitted in
advance or in person at the meeting. If you wish to discuss an agenda item electronically, please contact
PC-publictestimony@ashland.or.us by October 10, 2023 to register to participate via Zoom. If you are
interested in watching the meeting via Zoom, please utilize the following link: https://zoom.us/j/92413669474
V.TYPE 1 PUBLIC HEARING
A. PLANNING ACTION: PA-APPEAL-2023-00018
SUBJECT PROPERTY: 321 Clay Street
OWNER / APPLICANT: Table Rock Tree for Jenny Osborne
APPELLANT: Albert Pepe
DESCRIPTION: This is an appeal for the removal of the weeping willow tree located
at space #19. The original request, PA-TREE-2023-00210, was for approval to remove four
(4) trees near residences at the Wingspread Mobile Home Park; located near spaces 19, F,
92, and 94. The trees are as follows: weeping willow, 47 inch diameter at breast height (DBH)
at space 19; cottonwood, 12 inch DBH at space F; two silver maples 11 inch DBH and 9 inch
DBH located between spaces 92 and 94. The application has been prepared by a certified
arborist and states that trees are in a state of decline; causing damage to property;
severely leaning, and have evidence of decay, respectively. As the trees continue to decline,
they present a hazard to nearby properties. In summary, PA-APPEAL-2023-00018 is an
appeal of PA-TREE-2023-00210 which was approved for removal of all four trees. The Notice
of Land Use Appeal was submitted for only the removal of the weeping willow tree at space
#19. COMPREHENSIVE PLAN DESIGNATION: Multi Family Residential; ZONING: R-2; MAP: 39 1E
11C; TAX LOT: 3000
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In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please email
planning@ashland.or.us. Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure
accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1).
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Planning CommissionAgenda
VI.OPEN DISCUSSION
VII.ADJOURNMENT
Next Scheduled Meeting Date: October 24, 2023 Study Session
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In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please email
planning@ashland.or.us. Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure
accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1).
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Note: Anyone wishing to speak at any Planning Commission meeting is encouraged to do so. If you wish to speak, please rise and, after you
have been recognized by the Chair, give your name and complete address for the record. You will then be allowed to speak. Please note the
public testimony may be limited by the Chair.
September 12, 2023
REGULAR MEETING
DRAFT Minutes
I.
CALL TO ORDER:
Chair Verner called the meeting to order at 7:00 p.m. at the Civic Center Council Chambers, 1175 E.
Main Street.
Commissioners Present: Staff Present:
Lisa Verner Brandon Goldman, Community Development Director
Doug Knauer Derek Severson, Planning Manager
Eric Herron Michael Sullivan, Executive Assistant
Russell Phillips
Susan MacCracken Jain
Kerry KenCairn
Gregory Perkinson
Absent Members: Council Liaison:
Paula Hyatt
II.ANNOUNCEMENTS
Community Development Director Brandon Goldman made the following announcements:
The City has acquired the property at 2200 Ashland Street for use as an interim weather
shelter, and thereafter for use as a severe weather shelter. The City Council is holding a public
meeting on Thursday, September 14, 2023 to address questions or concerns from the public
regarding this purchase.
The Council will hold a business roundtable meeting on September 18, 2023.
The Council will consider a request from the Community Development Department for
funding to conduct an Economic Opportunity Analysis on September 19, 2023. If approved the
City will be seeking state grants to fund this analysis.
The Council will review the Climate Friendly Areas (CFAs) report at it’s September 19, 2023
meeting. Final approval of the CFAs is not required until December of 2024.
The Council will review a telecommunications ordinance update at its September 19, 2023
meeting. This ordinance will only address the installation of small cell antennas in the public
right-of-way, and will not change the land use code relating to public property.
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The September 26, 2023 Commission Study Session will be cancelled unless items from the
current meeting are continued.
The Department of Environmental Quality (DEQ) will be holding an open house meeting on
September 27, 2023 to discuss the cleanup plan for the Union Pacific Railroad Property. The
DEQ will then take any public comments received into consideration, as will the Council at its
October 23, 2023 meeting.
Chair Verner remarked that the Council had already heard from the DEQ regarding the cleanup plan
for the site. Mr. Goldman assented that the Council had, but only with regards to the site being
cleaned to urban residential standards. He added that this is a prerequisite to the cleanup effort, and
that the DEQ has not yet approved a plan for the site and is requesting public feedback before
moving forward.
Chair Verner noted that a letter had been shared with the Commission from James Jarrard
regarding the cleanup proposal (see attachment #1). Mr. Goldman stated that this letter had been
shared with the DEQ.
III.CONSENT AGENDA
1.Approval of Minutes
a.July 25, 2023, Study Session
b.August 8, 2023, Regular Meeting
Commissioners Knauer/Phillips m/s to approve the consent agenda as presented. Voice Vote: All
AYES. Motion passed 7-0.
IV.PUBLIC FORUM
Holly Christiansen/Ms. Christiansen introduced herself as a member of the Transportation Advisory
Committee (TAC), and wanted to provide the Commission with updates from the TAC and to
increase coordination between the City’s advisory committees and commissions. Ms. Christiansen
noted TAC Chair Linda Peterson-Adams will provide all future updates, but was unavailable for this
meeting.
Ms. Christiansen stated that the TAC will be holding a public meeting on September 21, 2023, in lieu of
their regularly scheduled meeting, to garner feedback from the community regarding the
installation of protected bike lanes along North Mountain Avenue. This installation would require the
elimination of streetside parking along the west side of North Mountain Avenue from East Main Street
to the north of Village Green Drive (see attachment #2). This public input will then be utilized by the
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TAC to develop a recommendation to the City Council.
Chair Verner asked if streetside parking would continue after the proposed bike lane ended at
Village Green Drive, to which Ms. Christiansen said that it would.
Commissioner KenCairn inquired about the difference between a protected bike lane and
unprotected bike lane, and asked why this site had been chosen for this proposal. Ms. Christiansen
responded that a protected bike lane is shielded from traffic by a curb or planters, and that this site
was chosen because the street is already undergoing maintenance. She added that the residents
feel safer and are more likely to ride bicycles when a city has protected bike lanes.
Commissioner Knauer asked if the City is aware of how much the streetside parking along North
Mountain is currently being used. Ms. Christiansen responded that the TAC had examined the
parking along this street and determined that it was not being fully utilized. Commissioner
MacCracken Jain asked if this study was done while the road was undergoing maintenance, to
which Ms. Christiansen responded that she did not know. Mr. Severson commented that the Public
Works Department had been considering this proposal for the past few years and had reviewed the
parking use rate prior to this maintenance taking place.
Commissioner Phillips inquired how the street and protected bike lane would be cleaned. Ms.
Christiansen responded that the Director of Public Works, Scott Fleury, had ordered an electric street
sweeper that would be used to maintain the area, which could also be used to clean other areas like
parking lots that are inaccessible by the City’s larger street sweepers.
V.UNFINISHED BUSINESS
A.Adoption of Remand Findings for PA-T3-2022-00004, 1511 Highway 99 North
Ex Parte Contact
No ex parte contact was reported. Commissioner KenCairn recused herself from this item due to her
role as a member of the applicant team.
Staff Presentation
Mr. Severson stated that copies of the Findings had been distributed to the Commission prior to the
meeting that included minor revisions. There was a non-substantive change on page 15of the
Findings, and staff elaborated on the needed housing statute referenced on page 18 (see
attachment #3).
Mr. Goldman gave a brief background on the project, beginning with it’s first application in 2019. The
current application was approved in December, 2022 which was subsequently appealed to the Land
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Use Board of Appeals (LUBA), where it was remanded back to the City on two points. Mr. Goldman
reminded the Commission that the adoption of the Findings is limited to the Record of Appeal. The
Findings included a clarification regarding the allowance for a prohibition on parking requirements
as part of the Climate Friendly and Equitable Communities (CFEC) rules that went into effect on
January 1, 2023. Additionally, the CFEC rules stipulate that parking cannot be required for units of
750sqft or less within a half mile of transit routes, rules which would apply to this project. Mr.
Goldman noted that the Oregon Department of Transportation’s (ODOT) street standards are in
direct conflict with those of the City, and therefore the Findings contend that an exception to street
standards is warranted in order to address needed housing as proposed by the application. If
approved, the Findings would go before the Council, and then to LUBA for final review and approval.
Questions of Staff
Commissioner Knauer pointed out that Rogue Advocates, who appealed the application to LUBA,
had argued that the City had erred in applying CFEC standards to an application that was approved
before those standards had gone into effect. He asked if LUBA would support staff’s argument that
this project was ongoing, and therefore the new CFEC standards could be applied to it. Mr. Goldman
responded that there is hope that LUBA will review the application based on the relevant rules
retroactively. He added that approval of a subdivision is a two-phase process, and that the second
stage of this application would take place after the CFEC standards have taken effect.
Commissioners Perkinson/Herron m/s to approve the Findings with the amendments
recommended by Staff. Commissioner KenCairn recused herself due to her presence on the
applicant’s team. Roll Call Vote: All AYES. Motion passed 6-0.
VI.OTHER BUSINESS
A.Discussion of proposed amendments to the Ashland Municipal Code’s Land Use
Ordinance to implement the requirements of the Climate-Friendly & Equitable
Communities (CFEC) rules regarding parking. This includes amendments to: AMC 18.2.2
Base Zones & Allowed Uses; AMC 18.2.3 Special Use Standards; AMC 18.3.2 Croman Mill
District; AMC 18.3.4 Normal Neighborhood District; AMC 18.3.5 North Mountain
Neighborhood District; AMC 18.3.9 Performance Standards Option & PSO Overlay; AMC
18.3.14 Transit Triangle Overlay; AMC 18.4.3 Parking, Access & Circulation; AMC 18.5.2 Site
Design Review; AMC 18.5.3 Land Divisions & Property Line Adjustments; AMC 18.5.4
Conditional Use Permits; AMC 18.5.5 Variances; AMC 18.5.6 Modifications to Approved
Planning Actions. (Under the CFEC rules, parking code amendments must be adopted
by December 31, 2023.)
Staff presentation
Mr. Severson informed the Commission that there are over 700 amendments proposed in this
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ordinance change, and that the driving force behind this proposal is that the state is far behind its
current plan of reducing greenhouse emissions by 2050. The state hopes to achieve a reduction in
greenhouse emissions by employing a variety of strategies, including: the creation of Climate
Friendly Areas (CFAs); reforming parking management in cities; supporting electric vehicle charging;
planning for high quality pedestrian, bicycle, and transit infrastructure; transcending the sole focus
on motor vehicle congestion standards; and prioritizing and selecting projects that meet climate
and equity outcomes (see attachment #4). Mr. Severson stated that large numbers of parking lots
can inhibit housing development, therefore the state proposed that cities revise their parking
requirement standards.
Mr. Severson detailed how the state had given metropolitan cities the option of repealing parking
mandates completely, or to unbundle parking from rental units so they would be rented separately
from housing and allow residents to consider other modes of transportation. Mr. Severson noted that
many apartment complexes are divided equally between housing and parking area space, despite
a large number of tenant households not owning a vehicle. He pointed out that many large
department stores have parking to accommodate shopping during the busiest shopping days, but
that these parking lots are largely empty for the remainder of the year. Mr. Severson stated that the
state had given cities three options to improve their parking management, and that staff suggested
that the City adopt option #1, which would repeal its parking mandates. He noted that seven Oregon
cities had already adopted option #1 and eliminated parking requirements, which could help reduce
greenhouse emissions by 30%. Any voluntary parking provided by developers would still be required
to abide by parking code guidelines.
Mr. Severson described how staff had already begun to convert bicycle parking requirements to no
longer be based on car parking standards. Later versions of the ordinance will update bicycle
parking requirements to address on-street parking.
Questions of Staff
Commissioner Knauer asked if electric bicycles were being factored into the new parking standards.
Mr. Severson responded that they would be, and that the City would likely need to conduct a Traffic
Impact Analysis (TIA) to determine how great of an impact bicycles and electric bicycles would have
on parking. He added that the City will likely need to consider constructing protected bike lanes.
Commissioner Knauer requested that staff elaborate on the maximum parking allowed referenced
in the Ashland Municipal Code (AMC). Mr. Severson responded that the City imposed a maximum
parking limit in order to deter large retail stores from opening locations in the City, thereby limiting
unused parking lots that pose barriers to pedestrians and harm the environment. Mr. Goldman
commented that no applicant had requested an exception to this maximum during his career.
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Planning CommissionMinutes
Commissioner KenCairn asked if staff anticipated that any existing shopping centers, such as Rite
Aid, would want to redevelop their parking areas to expand their building facilities. Mr. Severson
responded that redevelopment is encouraged by the code, particularly with the parking reduction,
and the increased allowance of food trucks in the City.
Commissioner Herron asked how the proposed changes would impact handicap parking
requirements. Mr. Severson stated that the City would still mandate handicap parking requirements,
to which Commissioner Herron recommended that the potential impact be further explored.
Commissioner MacCracken Jain noted that imposing a parking maximum could restrict businesses
in unintended ways, particularly with the already limited parking downtown. Mr. Goldman responded
that the imposition of a parking maximum will be a policy decision that the City can choose not to
adopt, or that it could choose to increase the maximum allowance based on individual uses.
Commissioner Phillips asked for clarification regarding future parking requirements for segways and
electric bikes. Mr. Severson replied that staff had previously allowed changes to parking
requirements for projects where the applicant has supplied parking for alternative modes of
transportation. He added that staff had received some applications that included charging stations
that could be used for cars and bicycles.
The Commission discussed the potential scarcity of parking in the future, as well as paid parking
spaces and the difference between paved and unpaved parking lots.
Commissioner MacCracken Jain asked what the Commission’s role is in catching errors of omission
for ordinance changes. Chair Verner responded that the Commission offers suggestions or changes
to what staff presents to them, but that it is the Commission’s responsibility to only suggest changes
that it believes should be made. Mr. Goldman stated that the City must still abide by state law, which
would cover any omissions. Staff would then note the omission or conflict and correct it. Mr. Severson
pointed out that the City had contracted 3J Consulting, Inc to consult on the ordinance. The
proposed ordinance change will then go to the Department of Land Conservation and Development
(DLCD) before being adopted.
Commissioner MacCracken Jain noted that staff had suggested making parking lots an allowed use
in all zones, and asked if this would include both paid and unpaid parking. Mr. Severson responded
that the ambiguity is intentional in the hope that it could provide additional parking where it is
needed.
Mr. Goldman stated that staff will be bringing the proposed changes back to the Commission by the
end of November, and that it will go before the Council on December 3, 2023, and December 17, 2023.
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In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please email
planning@ashland.or.us. Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to
ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1).
VII.OPEN DISCUSSION
Commissioner Herron urged all Commissioners to register as a Planning Commissioner with the
Oregon Ethics Commission. He informed the Commission that he had been charged a fine for each
day that he was unregistered.
VIII.ADJOURNMENT
Meeting adjourned at 8:20 p.m.
Submitted by,
Michael Sullivan, Executive Assistant
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DLCD Slides for Climate Friendly & Equitable Community Rule Implementation
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Now in Effect
By 12/31/23*
Reduced Parking Mandates
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Now in Effect
By 12/31/23*
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ˣ˵˼˵˳̄ ϿOption 1Ѐ to eliminate parking mandates city-
wide.
Modify codes to require that voluntarily provided parking
comply with existing standards (dimensions, circulation,
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parking lot treatment, etc.)
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Convert bicycle parking requirements so they are no
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longer based on auto parking requirements and update
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to comply with new state rules (̇˵˼˼ʽ˼˹̄ʼ ˱˳˳˿˽˽˿˴˱̄˵
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M
Retain existing parking maximums.
M
F
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F
C
A
E
T
SR
Updated Bicycle Parking Standards & Graphics
Add specific code language to address on-street parking
requirements (can be generally required for market rate
units greater than 750 square feet).
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Still to comeЅ
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NOTICE OF PUBLIC HEARING
PLANNING ACTION: PA-APPEAL-2023-00018
SUBJECT PROPERTY: 321 Clay Street
OWNER / APPLICANT: Table Rock Tree for Jenny Osborne
APPELLANT: Albert Pepe
DESCRIPTION: This is an appeal for the removal of the weeping willow tree located at space #19. The original request, PA-
TREE-2023-00210, was for approval to remove four (4) trees near residences at the Wingspread Mobile Home Park; located near
spaces 19, F, 92, and 94. The trees are as follows: weeping willow, 47 inch diameter at breast height (DBH) at space 19; cottonwood,
12 inch DBH at space F; two silver maples 11 inch DBH and 9 inch DBH located between spaces 92 and 94. The application has
been prepared by a certified arborist and states that trees are in a state of decline; causing damage to property; severely leaning, and
have evidence of decay, respectively. As the trees continue to decline, they present a hazard to nearby properties. In summary, PA-
APPEAL-2023-00018 is an appeal of PA-TREE-2023-00210 which was approved for removal of all four trees. The Notice of Land Use
Appeal was submitted for only the removal of the weeping willow tree at space #19. COMPREHENSIVE PLAN DESIGNATION: Multi
Family Residential; ZONING: R-2; MAP: 39 1E 11C; TAX LOT: 3000
ASHLAND PLANNING COMMISSION MEETING: TuesdayOctober 10, 2023at 7:00 PM, Ashland Civic Center,
1175 East Main Street
COMMUNITY DEVELOPMENT DEPARTMENT
51 Winburn Way Tel: 541.488.5305
Ashland, Oregon 97520 Fax: 541.552.2050
ashland.or.usTTY: 800.735.2900
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TREE REMOVAL PERMIT (AMC 18.5.7.040.B)
1.Hazard Tree. A Hazard Tree Removal Permit shall be granted if the approval authority finds that the application meets all of the following criteria, or
can be made to conform through the imposition of conditions.
a. The applicant must demonstrate that the condition or location of the tree presents a clear public safety hazard (i.e., likely to fall and injure
persons or property) or a foreseeable danger of property damage to an existing structure or facility, and such hazard or danger cannot
reasonably be alleviated by treatment, relocation, or pruning. See definition of hazard tree in part 18.6.
b. The City may require the applicant to mitigate for the removal of each hazard tree pursuant to section 18.5.7.050. Such mitigation
requirements shall be a condition of approval of the permit.
2.Tree That is Not a Hazard. A Tree Removal Permit for a tree that is not a hazard shall be granted if the approval authority finds that the application
meets all of the following criteria, or can be made to conform through the imposition of conditions.
a. The tree is proposed for removal in order to permit the application to be consistent with other applicable Land Use Ordinance requirements
and standards, including but not limited to applicable Site Development and Design Standards in part 18.4 and Physical and Environmental
Constraints in part 18.10.
b. Removal of the tree will not have a significant negative impact on erosion, soil stability, flow of surface waters, protection of adjacent trees,
or existing windbreaks.
c. Removal of the tree will not have a significant negative impact on the tree densities, sizes, canopies, and species diversity within 200 feet of
the subject property. The City shall grant an exception to this criterion when alternatives to the tree removal have been considered and no
reasonable alternative exists to allow the property to be used as permitted in the zone.
d. Nothing in this section shall require that the residential density to be reduced below the permitted density allowed by the zone. In making
this determination, the City may consider alternative site plans or placement of structures of alternate landscaping designs that would lessen
the impact on trees, so long as the alternatives continue to comply with the other provisions of this ordinance.
e. The City shall require the applicant to mitigate for the removal of each tree granted approval pursuant to section 18.5.7.050. Such mitigation
requirements shall be a condition of approval of the permit.
COMMUNITY DEVELOPMENT DEPARTMENT
51 Winburn Way Tel: 541.488.5305
Ashland, Oregon 97520 Fax: 541.552.2050
ashland.or.usTTY: 800.735.2900
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Planning Action Appeal 2023-00018 / PA-TREE-2023-00210 Ashland Planning Department – Staff Report/jnc
Applicant: Jenny Osburne / Appellant:Albert Pepe October 10, 2023 - Page 1 of 5
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Planning Action Appeal 2023-00018 / PA-TREE-2023-00210 Ashland Planning Department – Staff Report/jnc
Applicant: Jenny Osburne / Appellant:Albert Pepe October 10, 2023 - Page 2 of 5
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Planning Action Appeal 2023-00018 / PA-TREE-2023-00210 Ashland Planning Department – Staff Report/jnc
Applicant: Jenny Osburne / Appellant:Albert Pepe October 10, 2023 - Page 3 of 5
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1.There is another option to complete removal by pruning upper dead branches and
removing some of the weight to make it not a hazard tree.
Once upper pruning is complete it \[is\] not clear that the tree is likely to fall and
injure persons or property
Once upper pruning is complete, Mr. Pepe offered to continue to maintain the tree at
his cost every 2–3 years
The applicant must demonstrate that the condition or location of the tree presents a
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.
The city may require the applicant to mitigate for the removal of each hazard tree
B.
pursuant to section 18.5.7.050. Such mitigation requirements shall be a condition of
approval of the permit.
Planning Action Appeal 2023-00018 / PA-TREE-2023-00210 Ashland Planning Department – Staff Report/jnc
Applicant: Jenny Osburne / Appellant:Albert Pepe October 10, 2023 - Page 4 of 5
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Planning Action Appeal 2023-00018 / PA-TREE-2023-00210 Ashland Planning Department – Staff Report/jnc
Applicant: Jenny Osburne / Appellant:Albert Pepe October 10, 2023 - Page 5 of 5
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Wingspread Tree Removal Request & Appeal
PA-TREE-2023-00210 and PA-APPEAL-2023-00018
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Hello Jennifer
Nice to speak with you last week. I live in Space 19 in Wingspread Mobile
Home Park. The willow tree is near and behind my home. I believe the
tree to be a hazard and it appears to be dying from the top down. It hangs
over my home and i don't want to have it fall on my place. It has also
gotten very messy., dropping branches on my porch and yard. I want to
go on recored as believing the tree a hazard and in support of the
Arborist's opinion on removal of the tree.
Kate Lynde
321 Clay St, space 19
Ashland, Or
97520
541 205 8029
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COMMUNITY DEVELOPMENT DEPARTMENT
51 Winburn Way Tel: 541.488.5305
Ashland, Oregon 97520 Fax: 541.552.2050
ashland.or.usTTY: 800.735.2900
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ASHLAND TREE COMMISSION
PLANNING APPLICATION REVIEW COMMENT SHEET
August 3, 2023
PLANNING ACTION: PA-TREE-2023-00210
SUBJECT PROPERTY: 321 Clay Street
OWNERS: Jenny Osborne
APPLICANT: Table Rock Tree
DESCRIPTION: A request for approval to remove four trees near residences at the
Wingspread Mobile Home Park; located near spaces 19, F, 92, and 94. The trees are as follows:
weeping willow, 47 inch diameter at breast height (DBH) at space 19; cottonwood, 12 inch DBH
at space F; two silver maples 11 inch DBH and 9 inch DBH located between spaces 92 and 94.
The application has been prepared by a certified arborist and states that trees are in a state
of decline; causing damage to property; severely leaning, and have evidence of decay,
respectively. As the trees continue to decline, they present a hazard to nearby properties.
COMPREHENSIVE PLAN DESIGNATION: Multi Family Residential
ZONING: R-2
ˑˣˣ˕ˣˣ˟ˢϽˣ ˝ˑˠ ˞˥˝˒˕ˢˊ 39 1E 11C; TAX LOT: 3000
The Tree Commission recommends approving the application.
The application was reviewed during the regular August 2023 meeting of the City of Ashland
Tree Management Advisory Committee (MAC). Staff presented the application and provided
an overview of the project request. In addition to reviewing the application, public comments
were considered. The discussion mainly involved the weeping willow tree. Tree MAC arborists
acknowledged that the willow tree is old and in decline. There was discussion about if the
hazard could be mitigated through pruning alone. Ultimately, the Tree MAC determined that
to address the hazard adequately more than 40% of the existing tree canopy would need to
be pruned away. In addition, aggressive pruning would require continued maintenance on a
two-to-three-year cycle. All members of the Tree MAC were sympathetic to those who raised
concerns about the removal of the old willow tree. However, when considering the totality of
the application including the liability associated with denying the removal of a hazard tree,
the consensus was to recommend removal of all identified hazard trees based on the
professional opinion of the project arborist.
Department of Community Development Tel: 541-488-5350
51 Winburn Way Fax: 541-552-2050
Ashland, Oregon 97520 TTY: 800-735-2900
www.ashland.or.us
Total Page Number: 93
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Your comments for TREE-2023-00210 have been received.
Regan M. Trapp
PermitTechnicianII
Building Inspector/Plans Examiner
Secretary & Membership, OPTA
City of Ashland
Community Development
51 Winburn Way, Ashland, Oregon 97520
Total Page Number: 96
541-552-2233 | TTY 800.735.2900
Regan.Trapp@ashland.or.us
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NOTICE OF APPLICATION
PLANNING ACTION: TREE-2023-00210
SUBJECT PROPERTY: 321 Clay Street
OWNER / APPLICANT: Table Rock Tree for Jenny Osborne
DESCRIPTION: A request for approval to remove four (4) trees near residences at the Wingspread Mobile
Home Park; located near spaces 19, F, 92, and 94. The trees are as follows: weeping
willow, 47 inch diameter at breast height (DBH) at space 19; cottonwood, 12 inch DBH at
space F; two silver maples 11 inch DBH and 9 inch DBH located between spaces 92 and
94. The application has been prepared by a certified arborist and states that trees are in a
state of decline; causing damage to property; severely leaning, and have evidence of
decay, respectively. As the trees continue to decline, they present a hazard to nearby
properties. COMPREHENSIVE PLAN DESIGNATION: Multi Family Residential; ZONING:
R-2;MAP: 39 1E 11C; TAX LOT: 3000
NOTICE OF COMPLETE APPLICATION: July 18, 2023
DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: August 1, 2023
COMMUNITY DEVELOPMENT DEPARTMENT
51 Winburn Way Tel: 541.488.5305
Ashland, Oregon 97520 Fax: 541.552.2050
ashland.or.usTTY: 800.735.2900
Total Page Number: 100
TREE REMOVAL PERMIT (AMC 18.5.7.040.B)
1.Hazard Tree. A Hazard Tree Removal Permit shall be granted if the approval authority finds that the application meets all of the following criteria, or
can be made to conform through the imposition of conditions.
a. The applicant must demonstrate that the condition or location of the tree presents a clear public safety hazard (i.e., likely to fall and injure
persons or property) or a foreseeable danger of property damage to an existing structure or facility, and such hazard or danger cannot
reasonably be alleviated by treatment, relocation, or pruning. See definition of hazard tree in part 18.6.
b. The City may require the applicant to mitigate for the removal of each hazard tree pursuant to section 18.5.7.050. Such mitigation
requirements shall be a condition of approval of the permit.
2.Tree That is Not a Hazard. A Tree Removal Permit for a tree that is not a hazard shall be granted if the approval authority finds that the application
meets all of the following criteria, or can be made to conform through the imposition of conditions.
a. The tree is proposed for removal in order to permit the application to be consistent with other applicable Land Use Ordinance requirements
and standards, including but not limited to applicable Site Development and Design Standards in part 18.4 and Physical and Environmental
Constraints in part 18.10.
b. Removal of the tree will not have a significant negative impact on erosion, soil stability, flow of surface waters, protection of adjacent trees,
or existing windbreaks.
c. Removal of the tree will not have a significant negative impact on the tree densities, sizes, canopies, and species diversity within 200 feet of
the subject property. The City shall grant an exception to this criterion when alternatives to the tree removal have been considered and no
reasonable alternative exists to allow the property to be used as permitted in the zone.
d. Nothing in this section shall require that the residential density to be reduced below the permitted density allowed by the zone. In making
this determination, the City may consider alternative site plans or placement of structures of alternate landscaping designs that would lessen
the impact on trees, so long as the alternatives continue to comply with the other provisions of this ordinance.
e. The City shall require the applicant to mitigate for the removal of each tree granted approval pursuant to section 18.5.7.050. Such mitigation
requirements shall be a condition of approval of the permit.
COMMUNITY DEVELOPMENT DEPARTMENT
51 Winburn Way Tel: 541.488.5305
Ashland, Oregon 97520 Fax: 541.552.2050
ashland.or.usTTY: 800.735.2900
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