HomeMy WebLinkAbout2023-11-14 Planning PACKET
Planning CommissionAgenda
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November 14, 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.October 10, 2023 Regular Meeting
IV.PUBLIC FORUM
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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 November 14, 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/96078825015
V.TYPE II PUBLIC HEARING
A. PLANNING ACTION: PA-T2-2023-00043
SUBJECT PROPERTY: 192 North Mountain Avenue
OWNER / APPLICANT: KDA Homes, LLC
DESCRIPTION: A request for a modification of the previously approved Outline Plan
(PA-T3-2021-00003), and revised Final plan for the third phase of the Beach Creek
Subdivision. The proposal revises the subdivision plan to include a private alley and to add
one additional lot. The project is currently under construction with Phases I and II recorded
and houses under construction. COMPREHENSIVE PLAN DESIGNATION: Single Family
Residential; ZONING: R-1-5; ASSESSOR’S MAP: 39 1E 10; TAX LOT #’s: 800
VI.TYPE III PUBLIC HEARING
A. TO CONSIDER AN ORDINANCE AMENDING THE ASHLAND LAND USE ORDIANCE TO REMOVE
AUTOMOBILE PARKING MANDATES AND AMEND PARKING STANDARDS SET FORTH IN ASHLAND
MUNICIPAL CODE SECTIONS 18.2.2, 18.2.3, 18.3.14, 18.3.2, 18.3.4, 18.3.5, 18.3.9, 18.4.2, 18.4.3, 18.4.4,
18.4.6, 18.5.2, 18.5.3, 18.5.4, 18.5.5, AND 18.5.6.
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Planning CommissionAgenda
VII.UNFINISHED BUSINESS
A. Approval of Findings for PA-APPEAL-2023-00018, 321 Clay Street.
VIII.OPEN DISCUSSION
IX.ADJOURNMENT
Next Scheduled Meeting Date: November 28, 2023 Study Session
Page 2 of 2
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Planning CommissionMinutes
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
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 Jennifer Chenoweth, Associate Planner
Russell Phillips Michael Sullivan, Executive Assistant
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 application for PA-T3-2022-00004, 1511 Highway 99 North was withdrawn by the applicant
after it was remanded to the City by the Land Use Board of Appeals (LUBA). Staff anticipates
that the applicant will submit a similar application in light of new state laws. PA-T3-2022-
00004 is now concluded.
The City Council will review a draft ordinance to eliminate City parking mandates at its
October 17, 2023 Regular Meeting. These changes are part of the Climate Friendly and
Equitable Communities (CFEC) state guidelines, and will be reviewed by the Commission in
November before going back to the Council for final review and adoption on December 5 and
December 19, 2023.
The Bear Creek Restoration Summit will be held on November 2, 2023 at the Talent
Community Center. It will focus on the rehabilitation of the Bear Creek corridor as a path for
pedestrians and cyclists, while also making it a fire adaptive space.
Commissioner KenCairn asked if the Brea Creek summit would be a multi-community meeting. Mr.
Goldman responded that it would, and that representatives of Ashland, Central Point, Phoenix, Talent,
and Jackson County had been invited to attend.
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Chair Verner requested that staff send the sign up forms for the summit to the Commission.
III.CONSENT AGENDA
1.Approval of Minutes
a.September 12, Regular Meeting
Commissioners Perkinson/KenCairn m/s to approve the consent agenda as presented. Voice
Vote: All AYES. Motion passed 7-0.
IV.PUBLIC FORUM – None
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
Ex Parte Contact
No ex parte contact was reported. Chair Verner conducted a site visit, while Commissioner Knauer
reviewed the site via Google. No other Commissioners reported site visits.
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Staff Presentation
Mr. Severson informed the Commission that the original application requested the removal of four
trees, though the appeal seeks only to halt the removal of the weeping willow. An arborist contracted
by the applicant submitted a report stating that all four trees could prove hazardous to nearby
properties. Mr. Severson described the current and potential damage that the trees pose to nearby
homes, and stated that the weeping willow has dead limbs weighing from 100-400 pounds that
could cause significant damage if not removed. He noted that some branch failures had already
resulted in damaged property and caused damage to the tree itself. Mr. Severson noted that
continued pruning would likely increase the chance of the tree decaying.
Mr. Severson showed the weeping willow’s current rate of decay using aerial photographs, and
pointed out that some of the decaying limbs were hanging over adjacent property lines (see
attachment #1).
Mr. Severson displayed public comments that staff received showing support for the tree’s removal,
citing its potential danger to nearby property. One public comment stated that the seeds from the
tree made it impossible for the resident to maintain a garden and resulted in up to 35 sprouts in her
yard per year. Albert Pepe, who is a tenant at 321 Clay Street and the appellant of this planning
action, also submitted public comments opposing the tree’s removal, stating that he was
appreciative of the shade and view it provided. He proposed that he would maintain the tree at his
own expense, including hiring an arborist to prune the tree when necessary. Based on the comments
received from nearby residents, the recommendation of the applicant’s arborist, and the approval of
the Tree Management Advisory Committee (TMAC), staff approved the application to remove all four
trees.
Mr. Severson stated that there is nothing in the Ashland Municipal Code (AMC) that would allow staff
to deny the submitted application. Therefore, based on the public comments received, and the
recommendation of the arborist, staff advised that the appeal be denied and the original approval
be upheld.
Questions of Staff
Commissioner Knauer inquired if the applicant of the original application is the property owner. Mr.
Severson responded in the affirmative, adding the applicant’s arborist would be speaking on the
owner’s behalf.
Applicant Presentation
Arborist Tate Dunn spoke on behalf of the property owner, and provided the arborist report in the
original applicant. Mr. Dunn noted that he had not spoken with the property owner personally, and
that he communicated solely with Jenny Osborne of CPM Real Estate Services, who manages the
property.
Page 3 of 6
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Mr. Dunn informed the Commission that he had been contracted to assess the trees three months
prior to this meeting. During his visual review he noted severe cuts in the tree that had resulted in
dead limbs and decay. Mr. Dunn explained that pruning the would not mitigate these hazards, and
would only result in a reduced canopy and a reduction in the tree’s ability to photosynthesize. Mr.
Dunn concluded that he could not say definitely when the tree would uproot or experience a major
branch failure, but that it would likely occur.
Questions of the Applicant
Commissioner KenCairn requested that Mr. Dunn elaborate on the disease afflicting the tree in
question. Mr. Dunn responded that the tree is suffering from epicormic growth, which is a growth that
occurs when the tree suffers a significant wound. The tree experiences accelerated growth to heal
the wound and regrow the canopy as quickly as possible, but the resulting branches are weaker and
prone to failures when they become overgrown.
Appellant Presentation
Appellant Albert Pepe began by clarifying that he lives at unit #21 on 321 Clay Street, and that some
of the dead branches hang over his home and shed, as well as unit #19. Mr. Pepe stated that the
resident of #19 appeared willing to allow him to prune the tree, something he had done during the
Almeda Fire to remove some epicormic growth. Mr. Pepe reiterated that the property is an owner-
occupied mobile home park, and that he attempted unsuccessfully to contact the property owner
directly to request that the tree be preserved. Mr. Pepe refuted the arborist for the applicant’s claim
that the diameter of the tree measured 47 inches, stating that his own measurements showed it to
be significantly larger.
Mr. Pepe stated that the tree is located in a riparian zone and has not been properly maintained by
the owner. He presented a video taken of the site that emphasized his commitment maintaining the
tree himself, as well as his personal connection to it (see here). Mr. Pepe stated that his father
showed a great appreciation for nature. He requested that the City support him in his efforts to save
the tree.
Questions of the Appellant
Commissioner MacCracken Jain asked if Mr. Pepe is a trained arborist for the basis of his opinion
that pruning would be a viable alternative to removal. Mr. Pepe responded that he is not a trained
arborist, though he did hire an arborist who stated that the tree could be maintained through
pruning. He added that he had assured the owner that they wouldn’t be held liable for any damages
caused by the tree to his property.
Chair Verner inquired if the appellant had been able to communicate with any of the property
owners. Mr. Pepe responded that he spoke briefly with one, but that this person was not interested in
Page 4 of 6
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Planning CommissionMinutes
communicating. He stated that the primary property owner lives in southern California, but has twice
denied Mr. Pepe’s request to speak through CPM Real Estate Services. Chair Verner asked if the Mr.
Pepe had submitted any formal proposal to enter into a maintenance agreement with the property
owner, to which Mr. Pepe responded that all of his proposals had been verbal. Chair Verner
recommended that Mr. Pepe submit a formal written request.
Commissioner KenCairn stated that weeping willows commonly have life expectancies of 75-100
years in her experience, and that one such specimen on her property had to be removed after
pruning was unable to remove the decay afflicting the tree’s core. Mr. Pepe acknowledged that the
property owner’s main concern is the liability issues the tree poses, and that he did not expect this
appeal to succeed.
The Commission expressed admiration for the appellant’s dedication to preserving the tree.
Applicant’s Rebuttal
Mr. Dunn echoed the Commission’s admiration for Mr. Pepe, stating that he respected his resolve
and testimony. Mr. Dunn stressed that this admiration does not change his professional opinion that
the tree will likely have further issues and cause more damage in the future. He added that Mr.
Pepe’s method for calculating the tree’s diameter was incorrect.
Deliberation and Decision
Commissioner MacCracken Jain pointed out that insurance companies are becoming increasingly
reluctant to grant insurance policies to tenants with trees above their homes.
The Commission voiced general appreciation for the appellant’s case, but stated that they do not
have the jurisdictional authority to deny the application.
Commissioners Perkinson/Herron m/s to deny the appeal, to accept staff’s and the arborist’s
recommendation, and all conditions within the staff report. Roll Call Vote: All AYES. Motion passed
7-0.
VI.OPEN DISCUSSION
Mr. Goldman announced that the Interim Parks and Recreation Director would be presenting an
update of their master plan at the Commission’s October 14, 2023 Study Session.
Commissioner MacCracken Jain asked which organization within the City has jurisdiction over the
replacement of removed trees. Mr. Goldman responded that the AMC requires a one-to-one
Page 5 of 6
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Planning CommissionMinutes
replacement of any trees removed, and the applicant is proposing a two-to-one replacement
program. He noted that the applicant will be submitting an irrigation and tree plan in the future, as
well as proposing trees more suitable for an urban environment.
Commissioner Knauer inquired if the Commission’s approval of the tree removal permit, including
staff’s conditions, constitute a binding agreement. Mr. Goldman responded that all proposals by the
applicant are conditions of approval, and so the applicant is legally committed to replace the trees
at the two-to-one rate proposed.
VII.ADJOURNMENT
Meeting adjourned at 7:50 p.m.
Submitted by,
Michael Sullivan, Executive Assistant
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PA-APPEAL-2023-00018
Ashland Planning Commission
October 10, 2023
Appeal of PA-T1-2023-00210
PA-APPEAL-2023-00018 Appeal of PA-T1-2023-00210
Wingspread Tree Removal Appeal
ˑ˾ ˱̀̀˵˱˼ ˿˶ ̃̄˱˶˶Ͻ̃ ˱̀̀̂˿̆˱˼ ˿˶ a Tree Removal Permit to remove four trees near residences
at the Wingspread Mobile Home Park located at 321 Clay Street. The trees are as follows: a
47-inch diameter weeping willow at space 19; a 12-inch diameter cottonwood at space F;
and two silver maples (11-inch & 9-inch) located between spaces 92 and 94.
The application has been prepared by a certified arborist who states that the trees are in a
state of decline; causing damage to property; severely leaning, and having evidence of
decay, respectively. As the trees continue to decline, they pose hazards to nearby
properties. The appeal is specific to the removal of the weeping willow, and asserts that:
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.
2.Once upper pruning is complete it is not clear that the tree is likely to fall and injure
persons or property.
3.Once upper pruning is complete, the appellant has offered to continue to maintain the
tree at his cost every 2Ϻ3 years.
2
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2 Silver Maples @ #92-94
Willow @ #19
Cottonwood @ #F
APPLICANT
Original Application
Removal of Two Silver Maples (9-inch & 11-inch) Behind
Spaces #92 & #94
Per certified Arborist: Several concerns with both trees relating to their safety and functionality
in the future. Species is brittle and does a poor job preventing the spread of decay from
wounds in the main stem, and have a mature height and crown spread of 80- to 100-feet.
Smaller maple has included main stem unions that are beginning to cause cracking and
separation at the base of the tree which will only get worse over time and is impossible to
correct at this stage. Larger maple has a severely phototropic lean that is concerning and is
also too developed to properly correct. Also has a large wound at the base that has
developed a significant amount of decay further compromising the strength of the tree. It is
my professional recommendation that both trees be removed.
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APPLICANT
Original Application
Removal of 12-inch Cottonwood in backyard of Space ϿFЀ
Per certified Arborist: Tree is sending out roots that are sprouting and growing into separate
trees nearby. The tree is likely a sprout from another nearby tree; this is very common with
Cottonwood trees. Aggressive surface roots are beginning to grow into underground
plumbing and breaking water lines. Tree will ultimately outgrow the space and needs to be
removed at some point. It will only become larger and more costly to remove when this
happens. These trees are fast growing with a relatively short life span. As they begin to
decline, they will shed large branches that can no longer be supported and will become very
hazardous for the people and structures nearby. It is my professional recommendation that
this tree be removed sooner, rather than later, to prevent potential damage in the future.
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APPLICANT
Original Application
Removal of 47-inch Weeping Willow behind Space #19.
Per certified Arborist: End of lifespan. Declining health & vigor. Dieback in upper canopy due
to declining root system. Most of the main lead branches have died with little live tissue back
to main stem. Dead leads are from 6- to 12-inches and weigh 100 to 400 pounds, and many
are likely to fall in the next several years. Some large failures have caused minor property
damage. Branch failures have torn main stem causing large wounds; decay not properly
compartmentalized. Prior pruning with severe heading cuts caused a large amount of
epicormic growth directly over a nearby dwelling. These issues and the rapid decline in
upper canopy makes this tree very hazardous to the people living nearby. Unfortunately,
pruning and removing hazardous branches would leave very little canopy with a high
probability of more epicormic sprouts that would become very hazardous over time. The
only practical approach to eliminating this hazard is to completely remove this tree. It is
arboristϽs professional recommendation that the tree be removed.
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Public Comments Received/1 Comment Period
st
Comments Received
Dubonnet
Consider pruning & maintaining trees for their value to people,
wildlife and the creek.
Pepe (Appellant)
˗̂˱̄˵˶̅˼ ˶˿̂ ˧˹˼˼˿̇Ͻ̃ ̀̂˵̃˵˾˳˵ʼ ̃˸˱˴˵ ʶ ˸˱bitat. Would like to
see Willow pruned & maintained. Will prune at his own
expense once upper branches are pruned. Trees are sacred
and old trees deserve to be held in such a place.
Sarhanis
Cottonwood will be a monster is 5-10 years. 35 sprouts in her
yard prevent gardening, grow up to 8-feet in a year. Shades
garden. Would like to ensure roots/stump are removed to
prevent sucker growth.
17
PA-T1-2023-00210
˒˱̃˵˴ ˿˾ ̄˸˵ ˑ̂˲˿̂˹̃̄Ͻ̃ ˢ˵̀˿̂̄
Staff approved the four requested tree removals ʶ ˽˱˹˼˵˴ ˱ ϼ˞˿̄˹˳˵ ˿˶ ˔˵˳˹̃˹˿˾Ѐ ̄˿ ˱˼˼ ̀˱̂̄˹˵̃ʾ
An Appeal was Timely Filed
By Wingspread Resident Albert Pepe
Complete
Comment PeriodDecisionAppealed
Application
July 18-August 1, 2023August 11, 2023August 23, 2023
July 11, 2023
18
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APPELLANT
ˑ̀̀˵˼˼˱˾̄Ͻ̃ ˣ̄˱˾˴˹˾˷
Resident of Wingspread
Provided written comments during comment period
opposing removal of the Weeping Willow.
Appeared at Tree Management Advisory Committee
(TMAC) to oppose removal of the Weeping Willow.
Timely filed appeal of the removal of the Weeping
Willow.
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APPELLANT
Points of Appeal re: Weeping Willow
Pruning of the hazardous upper dead branches is an
alternative to removal.
It is unclear that tree is likely to fall and injure
persons or damage property once pruned.
Tree needs major pruning not removal. Appellant
would maintain at his expense following initial
pruning.
20
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Public Comments Received/Post Appeal
Comments Received
Woodman (Space #95)
Silver Maples are so large they pose a hazard to nearby homes. Branch
drop in high winds creates a mess. Two units previously damaged by falling
trees, and mobile homes are not designed to handle falling trees.
Lynde (Space #19)
The Willow tree is behind her home and appears to be dying from the top
down. Believes it is a hazard - ˙̄ ˸˱˾˷̃ ˿̆˵̂ ˸˵̂ ˸˿˽˵ ˱˾˴ ̃˸˵ ˴˿˵̃˾Ͻ̄ ̇˱˾̄
it to fall. It has also gotten very messy, dropping branches on her porch and
yard. Emphasized that she believes the tree is a hazard and she supports
̄˸˵ ˱̂˲˿̂˹̃̄Ͻ̃ ̂˵˳˿˽˽˵˾˴ation to remove the tree.
21
PA-APPEAL-2023-00018 Appeal of PA-T1-2023-00210
Staff Recommendation
Arborist indicates large limbs are likely to fall in the next several
years.
Decay in stem from large wounds has not compartmentalized, and
prior pruning has caused epicormic growth over nearby dwelling.
These issues and rapid decline in upper canopy makes tree very
hazardous to those living nearby.
Pruning would leave very little canopy with a high probability of more
epicormic growth that become very hazard over time. The only
practical approach is to completely remove the willow.
22
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PA-APPEAL-2023-00018 Appeal of PA-T1-2023-00210
Staff Recommendation
Tree Management Advisory Committee (TMAC) was sensitive to
˱̀̀˵˼˼˱˾̄Ͻ̃ ˳˿˾˳˵̂˾̃ʼ ˲̅̄ ̅˼̄˹˽˱̄˵˼̉ ̃̅̀̀˿̂̄˵˴ ̄˸˵ ̀̂˿˶˵̃̃˹˿˾˱˼
˱̂˲˿̂˹̃̄Ͻ̃ ̂˵˳˿˽˽˵˾˴˱̄˹˿˾̃ʾ
Based on the arborist recommendations, supported by the Tree
Management Advisory Committee, staff believe the proposal
satisfies the criteria for a hazard tree removal.
Staff do not believe the criteria provide a basis to require that the
tree be retained subject to a third-party agreement to maintain.
Staff recommends that the appeal be denied and the original
approval upheld.
23
ANY QUESTIONS?
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From:Brandon Goldman
To:Doug McGeary
Cc:Carmel Zahran;Michael Sullivan;Lisa Verner;Derek Severson;Paula Hyatt
Subject:Jerrard Public Comment PA-T2-2023-0043
Date:Friday, November 03, 2023 3:14:40 PM
Attachments:image001.png
2023-10-25_Public Comment_Jarrard - Goldman.pdf
image002.png
City Attorney McGeary,
I am writing to address a matter of significant concern related to the public comments submitted by
Mr. Jerrard on a proposed amendment to the Beach Creek Subdivision recently submitted by KDA
Homes. Both the City Planning Department and individual Planning Commissioners have received
correspondence from Mr. Jerrard urging the Commission not to approve the aforementioned
amendment which was publicly noticed and will be presented to the Planning Commission in the
coming month. These public comment letters submitted by Mr. Jerrard were received within the
stipulated timeframe and will be included in the upcoming Planning Commission packets relating to
the planning action.
I am not reaching out to discuss Mr. Jerrard’s position on the planning application proposed but to
address a specific allegation made in his letters.
Mr. Jerrard asserts that the developer, KDA Homes, requested a payment of $70,000 be made by
Habitat for Humanity, to me directly in connection with their affordable housing partnership. I want
to clarify unequivocally that this claim is entirely false. There appears to be a critical error in his
letters, as it has come to my attention that the same accusation was made against various recipients
including Staff, Planning Commissioners, and the Council Liaison to the Planning Commission, with
the insertion of their individual names into the text concerning the alleged payment. A snippet of the
letter is below with the relevant sentence highlighted.
For the record, it is my understanding that KDA Homes had indeed requested that Habitat for
Humanity contribute $70,000 per lot to KDA Homes to assist with the development infrastructure
costs for the affordable housing units. However, upon review, the board of Habitat for Humanity
elected not to meet this request, and subsequently, KDA Homes donated two lots to Habitat for
Humanity without any requirement for payment.
The erroneous assertion by Mr. Jerrard that City Staff , Planning Commission members, or the
Council Liaison were to be paid direct payments in relation to this subdivision is not only baseless but
also damaging. There is no truth to this allegation, and I am concerned that such misinformation
now part of the public record ,even if made in error, could be misconstrued as fact. To address this
potential, a copy of this response clarification letter will also be included in the planning record.
Total Page Number: 59
Given that the receipt of these letters could raise questions during the upcoming deliberations on
the planning application, I felt it necessary to inform you of this issue promptly. It is important that
both the integrity of our processes and the reputations of the individuals and entities involved are
not wrongfully tarnished by such allegations.
Attached please find a copy of Mr. Jerrard’s letter which was addressed to me directly and received
by mail today. Should you require any further clarification on this matter or if any questions arise,
please do not hesitate to reach out to me.
Thank you for your attention to this important issue.
Brandon Goldman, AICP
Director of Community Development
Pronouns: he, him, his
City of Ashland
Community Development
51 Winburn Way, Ashland, Oregon 97520
541-552-2076 | TTY 800.735.2900
Brandon.goldman@ashland.or.us
Online ashland.or.us; social media (Facebook @CityOfAshlandOregon | Twitter @CityofAshland)
This email transmission is official business of the City of Ashland, and it is subject to Oregon Public Records Law
for disclosure and retention. If you have received this message in error, please contact me at 541-552-2076.
cc. Carmel Zahan
Lisa Verner
Michael Sullivan
Derek Severson
Paula Hyatt
Total Page Number: 60
From:Doug McGeary
To:Brandon Goldman
Cc:Carmel Zahran;Michael Sullivan;Lisa Verner;Derek Severson;Paula Hyatt
Subject:RE: Jerrard Public Comment PA-T2-2023-0043
Date:Monday, November 06, 2023 12:50:06 PM
Attachments:image002.png
image003.png
Dear Brandon,
I appreciate our phone conversation last Friday regarding Mr. Jarrard's letter. It served as a reminder
that our office had advised staff not to engage with Mr. Jarrard's repeated and confrontational
comments. However, this time, his accusations have crossed a line and become part of the public
record in the land use matter, necessitating a response.
In his letter, Mr. Jarrard alleges that you received money from the land use applicant through one of
the involved parties. While Mr. Jarrard's statement could be seen as an accusation of wrongdoing
against you and others, such a significant claim should, in theory, be evident to everyone and easily
refuted due to the lack of evidence or explanation. Additionally, you noted that essentially identical
letters, with only the names changed, have been sent to other official parties involved in this matter.
We both observed that there is an absence of spacing between your name and the dollar sign in the
alleged monetary figure. This suggests a likely systemic error in inserting names in the word
processing process. Such errors make the preposterousness of his claims even more evident.
Considering Mr. Jarrard's history and the identical letters sent to others, it's clear that these
accusations lack credibility. Rather than seeking a retraction from Mr. Jarrard, which I doubt he
would provide, your response letter effectively addresses the issue and documents our stance. If you
believe it would be beneficial, I'm willing to include this response in the official record for a more
comprehensive review.
Thank you for your attention to this matter.
Douglas M McGeary
Acting City Attorney
City of Ashland
20 E. Main Street
Ashland, Oregon 97520
(541) 552-2091
This electronic transmission contains PRIVILEGED AND CONFIDENTIAL information and is
intended only for the use of the addressee(s) named above. If the reader of this message is not the
intended recipient or the employee or agent responsible for delivering the message to the intended
recipient(s), please note that any dissemination, use, distribution or copying of this communication is
strictly prohibited.
From: Brandon Goldman <brandon.goldman@ashland.or.us>
Total Page Number: 61
Sent: Friday, November 3, 2023 3:15 PM
To: Doug McGeary <doug.mcgeary@ashland.or.us>
Cc: Carmel Zahran <carmel.zahran@ashland.or.us>; Michael Sullivan
<michael.sullivan@ashland.or.us>; Lisa Verner <lisaverner815@icloud.com>; Derek Severson
<derek.severson@ashland.or.us>; Paula Hyatt <Paula.Hyatt@council.ashland.or.us>
Subject: Jerrard Public Comment PA-T2-2023-0043
City Attorney McGeary,
I am writing to address a matter of significant concern related to the public comments submitted by
Mr. Jerrard on a proposed amendment to the Beach Creek Subdivision recently submitted by KDA
Homes. Both the City Planning Department and individual Planning Commissioners have received
correspondence from Mr. Jerrard urging the Commission not to approve the aforementioned
amendment which was publicly noticed and will be presented to the Planning Commission in the
coming month. These public comment letters submitted by Mr. Jerrard were received within the
stipulated timeframe and will be included in the upcoming Planning Commission packets relating to
the planning action.
I am not reaching out to discuss Mr. Jerrard’s position on the planning application proposed but to
address a specific allegation made in his letters.
Mr. Jerrard asserts that the developer, KDA Homes, requested a payment of $70,000 be made by
Habitat for Humanity, to me directly in connection with their affordable housing partnership. I want
to clarify unequivocally that this claim is entirely false. There appears to be a critical error in his
letters, as it has come to my attention that the same accusation was made against various recipients
including Staff, Planning Commissioners, and the Council Liaison to the Planning Commission, with
the insertion of their individual names into the text concerning the alleged payment. A snippet of the
letter is below with the relevant sentence highlighted.
For the record, it is my understanding that KDA Homes had indeed requested that Habitat for
Humanity contribute $70,000 per lot to KDA Homes to assist with the development infrastructure
costs for the affordable housing units. However, upon review, the board of Habitat for Humanity
elected not to meet this request, and subsequently, KDA Homes donated two lots to Habitat for
Humanity without any requirement for payment.
The erroneous assertion by Mr. Jerrard that City Staff , Planning Commission members, or the
Council Liaison were to be paid direct payments in relation to this subdivision is not only baseless but
also damaging. There is no truth to this allegation, and I am concerned that such misinformation
now part of the public record ,even if made in error, could be misconstrued as fact. To address this
potential, a copy of this response clarification letter will also be included in the planning record.
Total Page Number: 62
Given that the receipt of these letters could raise questions during the upcoming deliberations on
the planning application, I felt it necessary to inform you of this issue promptly. It is important that
both the integrity of our processes and the reputations of the individuals and entities involved are
not wrongfully tarnished by such allegations.
Attached please find a copy of Mr. Jerrard’s letter which was addressed to me directly and received
by mail today. Should you require any further clarification on this matter or if any questions arise,
please do not hesitate to reach out to me.
Thank you for your attention to this important issue.
Brandon Goldman, AICP
Director of Community Development
Pronouns: he, him, his
City of Ashland
Community Development
51 Winburn Way, Ashland, Oregon 97520
541-552-2076 | TTY 800.735.2900
Brandon.goldman@ashland.or.us
Online ashland.or.us; social media (Facebook @CityOfAshlandOregon | Twitter @CityofAshland)
This email transmission is official business of the City of Ashland, and it is subject to Oregon Public Records Law
for disclosure and retention. If you have received this message in error, please contact me at 541-552-2076.
cc. Carmel Zahan
Lisa Verner
Michael Sullivan
Derek Severson
Paula Hyatt
Total Page Number: 63
From:Kay Sandberg
To:planning
Cc:Aaron Anderson
Subject:questions for 11/14/23 meeting
Date:Monday, November 06, 2023 3:18:21 PM
\[EXTERNAL SENDER\]
Hello,
I have a few questions for the 11/14 meeting regarding the Beach Creek development that I
ask to be included in the meeting that evening...
1. What are the specific plans for affordable housing--all/only cottages? locations? all to be
completed by Habitat for Humanity and if so, when (please update)?
2.What is the timeframe for phase 3; is this the parcel of field nearest the tracks?
3. Who may we contact at KDA Homes with further questionsor concerns who will be
responsive to our inquiries and answer in a timely manner?
4. When will the Orchid Street entrance no longer be used for trucks and other construction
vehicles (approximate date)?
5. Will the public be permitted to ask questions and make comments at the meeting?
Thank you. kind regards,
Kay Sandberg
Total Page Number: 64
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“BEACH CREEK SUBDIVISION”
FOR A
MINOR MODIFICATION TO THE APPROVED BEACH CREEK
SUBDIVISION TO REVISE THE SUBDIVISION PLAN TO INCLUDE
A PRIVATE ALLEY AND TO ADD ONE ADDITIONAL LOT.
SUBMITTED TO
CITY OF ASHLAND
FOR
KDA HOMES
604 FAIR OAKS COURT
ASHLAND, OR 97520
Subject Property
TH
OCTOBER 10, 2023
Total Page Number: 68
I. PROJECT INFORMATION:
PROJECT NAME: “
Beach Creek Subdivision”
LEGAL DESCRIPTION:
391E 10 Tax Lot 800 (Phase III - remainder area)
APPLICANT:DESIGNER:ENGINEERS:
KDA Homes, LLCLindemann Design Construction Engineering Consultants
604 Fair Oaks Court 550 W. Nevada StreetP.O. Box 1724
Ashland, OR 97520 Ashland, OR 97520Medford, Oregon 97501
Tel: 541.821.3752 Tel: 503.866.4742Tel: 541.779.5268
SURVEYOR:BIOLOGIST:LANDSCAPE DESIGN / ARBORIST:
Polaris Land Surveying, LLC Schott & Associates Madara Design, Inc.
151 Clear Creek Dr #101, 21018 NE Hwy 99E 2994 Wells Fargo Road
Ashland, OR 9752Aurora, OR 97002 Central Point, OR 97502
Tel: 541-482-5009 Tel: 503.678.6007 Tel: 541.944.4287
PROJECT ZONING:
R-1-5.
PROJECT COMPREHENSIVE PLAN:
Single Family Residential.
PROJECT PROPOSAL:
The applicants will be requesting a Minor Modification to revise the approved
subdivision plan to include a private alley and to add one additional parcelwithin the Phase III area of the
development.
PROJECT HISTORY& SITE DESCRIPTION:
The Planning Commission and eventually the City
Council approved the property’s annexation in to the City in November of 2021, (PA-T3-2021-0003). The
Final Plan and Site Review was approved in March of 2022 (PA-T1-2021-00173). The project is currently
under construction with Phases I and II recorded and houses under construction. The historic farm house
has been completely restored and is now occupied.
The property lays within the center of theCity of Ashland with North Mountain Avenue to the west, the
Central Oregon Pacific Railroad (to the south), the Ashland Village Subdivision (c1997) to the north and
various subdivisions to the east (Ashland Willows (c1998), Sunnyview(c1993), Bear Grass Village (c2007)
and Ashland Parkview (c 1995).
Beach Creek traverses through the property, day lighting atits southern end adjacent to the railroad tracks
and extending northerly to and through the adjacent subdivision to the north. A number of large trees exist,
but primarily within the vicinity of the house and a few along Beach Creek. An extensive amount of invasive
Blackberry plants within the riparian corridor have been removed and new native plants and trees planted
since construction.The property is relatively unobstructed with a gradual south to northslope of roughly
3%. *Note: The large mound of dirt recently piled along the railroad tracks is to be removed.
Total Page Number: 69
II. PROPOSAL:
The proposal is for a modification of the original subdivision plan to include an alley and add one additional
lot.
Alley Addition: The applicants have re-evaluated the original neighborhood plan, house designs and
pedestrian amenities and have concluded the lots along the railroad tracks lacked livability due to their
adjacency to the railroad tracks as well as the subdivisionitself, most of which has been designed with
alleys or the central promenade to focus on pedestrianmobilityand human scale architecture. The applicants
now contend livability along the railroad tracks would be improved if the units’ “living orientation” faced
the street and not the railroad tracks - thus the idea of an alley. See inserts below.
Currently Approved Subdivision Layout
Proposed Subdivision Layout
Total Page Number: 70
The proposed rear alley is intended to be a private alley and allows for vehicles to enter and exit from the
alleyhelping to buffer the homes from the railroad right-of-way. The existence of the alley also allows each
homes front yards to not only be more attractive with landscaping and entry features, but also the ability for
the tenants to activate the streetscape.
Added Lot:With the addition of the alley, the applicants have the ability to add a single family detached lot
as alley loaded lots are often narrower than standard lots, thus providing the opportunity to gain a single lot
and retain the applicant’s original intent to create a positive streetscapewhenever possible. That said, Lots
#32 and #55 were excluded from having alley access due to the encumbrance of a vehicle’s turnaround
needs on small lots and/or encumbrance of the adjacent creek.
** NOTE: It should be understood the lot number sequencing has changed since the subdivision’s original
approval due to State of Oregon Surveying requirements when subdivision phasing occurs.In short, the
State of Oregon now requires the subdivision’s lot numbersequencingto “skip” a lot number between each
phase. In this case, the proposal is for 53 lots total to be subdivided in three phases therefore the lot
numbering extends to 55, but only 53 lots are proposed.
III.PROJECT FINDINGS OF FACT:
The following information has been provided by the applicants to help the Planning Staff, Planning
Commission and neighbors better understand the proposed project. In addition,the required findings of fact
have been provided to ensure the proposed project meets the requirements and procedures outlined in the
Ashland Municipal Code (AMC) pertaining to Performance Standards Options Subdivision requirements in
Chapter 18.3.9 and Minor Modifications in Chapter 18.5.6.040.
For clarity reasons, the following documentation has been formatted in “outline” form with the City’s
BOLD
approval criteria noted in font and the applicant’s response in regular font.
18.5.6.040 C. Minor Modification Approval Criteria
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.
1.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 lotshall 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.
The Beach Creek Subdivision was originally approved under AMC 18.3.9.040 A.3.,Outline Plan Approval
Criteria, which has been included belowfollowed by the applicant’s Findings of Fact as to how the proposed
minor modification request continues to comply with the same Outline Plan Criteria as originally approved
under.
Total Page Number: 71
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 be subject to other ordinance
requirements.
The subject minor modification request does not seek a new or alter an existing Conditional Use Permit or
seek a Variance, Administrative Variance, or Exception request.
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.
Not applicable as the application’s original approval was by the Ashland Planning Commission.
AMC 18.3.9.040 A.3. Outline Plan Approval Criteria (Subdivision)
a.The development meets all applicable ordinance requirements of the City.
Unless otherwise noted herein, the applicants contend the proposed alley addition and added lot meets all
applicable ordinance requirements of the City of Ashland.
That said, the Purpose Statement of the Performance Standards Option Subdivision (AMC 18.3.9.010) “is
to allow an option for more flexible design than is permissible under the conventional zoning codes. The
design should stress energy efficiency, architectural creativity, and innovation; use the natural features of
the landscape to their greatest advantage; provide a quality of life equal to or greater than that provided
in developments built under the standard zoning codes; be aesthetically pleasing; provide for more efficient
land use; and reduce the impact of development on the natural environment and neighborhood”.
As such, through the use of flexible design, the applicantscontend the minor modification not only is
consistent with the subdivision’s design and innovations as outlined previously where Earth Advantage
homes are to be constructed with an architectural style that provides for a variety of housing types consistent
with the volume and mass of housing in the adjoining subdivisions.
b.Adequate key City facilities can be provided including water, sewer, paved access to and through the
development, electricity, urban storm drainage, police and fire protection, and adequate transportation;
and that the development will not cause a City facility to operate beyond capacity.
All of the site’s needed utilities extend to the subject property from the various public utility easements
and street rights-of way surrounding site. Based on discussions with the various service providers, there
is adequate capacity to serve the proposed lot.
c.The existing and natural features of the land; such as wetlands, floodplain corridors, ponds, large
trees, rock outcroppings, etc., have been identified in the plan of the development and significant features
have been included in the open space, common areas, and unbuildable areas.
Thesite’s natural featureshave been identified and included in the open space, common areas, and
unbuildable areas of the development.The subject area as it relates to the minor modification, the area along
Total Page Number: 72
the railroad right-of-way, is void of any significant natural features. However, it should be noted the large
mound of dirt that was recently placed in this area, paralleling the railroad right-of-way, will be removed
within weeks of writing these findings.
d.The development of the land will not prevent adjacent land from being developed for the uses shown
in the Comprehensive Plan.
The minor modification will not prevent adjacent land from being developed for the uses shown in the
Comprehensive Plan.
e.There are adequate provisions for the maintenance of open space and common areas, if required
or provided, and that if developments are done in phases that the early phases have the same or
higher ratio of amenities as proposed in the entire project.
The proposed alley will be private and be considered “common area” and maintained by the Beach Creek
Home Owners Association. The subdivision’s Home Owner’s Association (HOA) include Conditions,
Covenants and Restrictions (CC&Rs) outlining the HOA’s budget and maintenance responsibilities for such
common areas.
f.The proposed density meets the base and bonus density standards established under this chapter.
The subject parent property is 10 acres in size and zoned R-1-5 with a base density of 4.5 units per acre or
45 total units. The applicants were approved for a total of 52 units witha 16% Density Bonus under Chapter
18.3.9.050 Performance Standards for Residential Developments with the inclusion of eight affordable
housing units (at a 2:1 ratio or 8 bonus units) as well as conservation housing certifications with all the new
housing which allows for an additional four bonus units for a total of 12 additional units above the base 45
units (57). With this application, the total number of units, not including accessory residential units, would
be 53 units, or 4 less than permissible.
g.The development complies with the Street Standards.
The proposal complies with the City’s Street Standards.
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BEFORE THE PLANNING COMMISSION
2023
Attached aredraft findings for Planning Commission’s discussion and
consideration. These have been prepared to reflect the prior staff approval and
incorporate the approval criteria from the staff report that is also in your packet.
The Planning Commission can modify and alter these in any manner consistent
with their deliberations and decision.
Total Page Number: 151
BEFORE THE PLANNING COMMISSION
2023
IN THE MATTER OF PLANNING ACTION #PA-APPEAL-2023-00018,)
AN APPEAL OF THE ADMINISTRATIVE APPROVAL OF PLANNING )
ACTION #PA-TREE-2023-00210, FOR A HAZARD TREE REMOVAL.)
STAFF INITIALLY APPROVED THE APPLICATION. SUBSEQUENT TO )
THE MAILING OF A NOTICE OF DECISIONAN APPEAL REQUESTWAS )
FINDINGS,
TIMELY FILED.)
CONCLUSIONS,
)
AND ORDERS.
OWNER/APPLICANT:
JENNY OSBURNE)
APPELLANT:
ALBERT PEPE)
_______________________________________________________________)
)
)
RECITALS:
1)Tax lot #3000 of Assessor’s Map 39-1E-11-Cis located at 321 Clay Streetis in the R-2
zoning district and is 20.37 acres in size.
2)The application proposed removal of four trees in various locations at the Wingspread
Mobile Home Park. The weeping willow tree at space #19 is the one tree being appealed
under this proposal.
3)On July 18, 2023, the applicationwas deemed complete, and in accordance with AMC
18.5.1.050.B.4 a Notice of Complete(NOC) application was posted at the subject property
in clear view from the public right-of-way and mailed to all property owners of record
within 200 feet of the parcel.
4)The Staff Advisor approved the application on August 11, 2023, subject to conditions of
approval and a Notice of Decision(NOD)was mailedon the same datewith a deadline to
appeal of August 23, 2023.
5)On August 23, 2023, a Notice of Land Use Appeal was timely filed by Albert Pepe who
resides at 321 Clay Street #21. Mr. Pepe has standing to appeal as he was both entitled to
written notice, and by having submitted written comments on the application during the
initial comment period.
6)The Planning Commission, following proper public notice, held a public hearing on October
10, 2023. Public testimony was received,and exhibits were presented.
7)After the close of the public hearing the Planning Commission deliberated anddetermined
that staff had not erred in approving the hazard tree removal. A motion was made to deny the
appeal and approve the application subject to conditions listed in the staff report.
Total Page Number: 152
The criteria of approval for tree removalare described in Ashland Municipal Code
8)
(AMC) 18.5.7.040 which state that the approval authority shall be granted if the
application meets all of the following criteria, or can be made to conform through
imposition of conditions.
The approval criteria for hazard treeare detailed in AMC 18.5.7.040as follows:
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.a.
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.
The approval criteria for trees that are not ahazardare detailed in AMC 18.5.7.040as follows:
The tree is proposed for removal in order to permit the application to be consistent
A.
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.
Removal of the tree will not have a significant negative impact on erosion, soil
B.
stability, flow of surface waters, protection of adjacent trees, or existing windbreaks.
Removal of the tree will not have a significant negative impact on the tree densities,
C.
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.
Nothing in this section shall require that the residential density to be reduced below
D.
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.
The City shall require the applicant to mitigate for the removal of each tree granted
E.
approval pursuant to section 18.5.7.050. Such mitigation requirements shall be a
condition of approval of the permit.
The Planning Commission of the City of Ashland finds, concludes, and recommends as follows:
SECTION 1. EXHIBITS
For the purposes of reference to these Findings, the attached index of exhibits, data, and
testimony will be used.
Staff Exhibits lettered with an "S"
Proponent's Exhibits, lettered with a "P"
Opponent's Exhibits, lettered with an "O"
Total Page Number: 153
Hearing Minutes, Notices, and MiscellaneousExhibits lettered with an "M"
SECTION 2. CONCLUSORY FINDINGS
2.1 The Planning Commission finds that it has received all information necessary to rendera
decision based on the application, Staff Report, public hearing testimony, and the exhibits
received.
2.2 The Planning Commission finds that the proposal for tree removalmeets all applicable
criteria described in section 18.5.7.040 for hazard tree removal approval. The Planning
Commission notesthe tree has been determined to be a hazard tree with potential to fall and
cause harm to persons or property.
2.3The Planning Commission finds that the applicationwasdeemed complete on July 18,
2023, and notice was both posted at the frontage of the subject property and mailed to all
property owners within 200-feet of the subject property. The Planning Commission further finds
that the application was approved by the Staff Advisor on August 11, 2023, and a Notice of
Decision (NOD) was mailed on the same date.
2.4 The Planning Commission finds that on August 23, 2023, Albert Pepetimely filed a
Notice of Land Use Appeal. Mr. Pepe resides on the adjacent parcel andsubmitted written
comments during the public comment period and thus had standing to appeal. The Planning
Commission finds that the appellant has standing to appeal.
2.6 The Planning Commission finds that the subject property is located within the R-2 zoning
district and that tree removals are governed by AMC 18.5.7.
2.7 The Planning Commission finds that AMC Title 18 Land Use Ordinance regulatestree
removals because of the importance of trees to the character and beauty of Ashland and for the
safety, public health, and welfare of the community. When considering the decision to approve
or deny an application for tree removal, the Staff Advisor considers the application materials
against the relevant approval criteria in the AMC.
2.8The approval criteria for tree removal are in Ashland Municipal Code (AMC) 18.5.7.040.
The Planning Commission finds that there is substantial evidence in the record to make findings
that each of the criteria have been met, as was explained in detail in the August 11, 2023, staff
report and by its reference is incorporated herein as if set out in full.
2.9 The Planning Commission notes the notice of appeal included the standard Land Use
Appeal form which has spaces for up to three specific grounds for appeal and a citation for the
relevant applicable criteria that it relates to. The form included from the appellant the following:
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.
2.Once upper pruning is complete it \[is\] not clear that the tree islikely to fall and
injure persons or property.
3.Once upper pruning is complete, Mr. Pepe offered to continue to maintain the tree at
Total Page Number: 154
his cost every 2–3 years.
The Planning Commission heard the applicants request to retain and maintain the tree at their
own costs. However, the Commission finds that the authority to keep the tree is ultimately a
decision of the landowner. Further, the City only has authority to approve or deny the tree
removal application based on the criteria of AMC 18.5.7.040.B.
Staff and the applicant understand that the specific appeal issue raised is pursuant to AMC
18.5.7.040.B – Tree Removal Permit for hazard tree (specifically the weeping willow tree in
space #19).
2.10The Planning Commission finds that with the original conditions below and the addition
of condition number three, which is to provide a tree planting site plan with an irrigation and
maintenance plan for the eight mitigation trees prior to plant installation for staff approval, that
the proposal satisfies the applicable approval criteria and that none of the appeal issues provide a
basis to reverse the initial approval decision of the Staff Advisor.
SECTION 3. DECISION
3.1 Based on the record of the Public Hearings on this matter, the Planning Commission
concludes that the request for the partition approval to divide the property is supported by
evidence contained within the whole record.
3.2 The Planning Commission denies the appeal andreaffirms the Staff Advisor’s original
approval of the partition. Further, if any one or more of the conditions below are found to be
invalid, for any reason whatsoever, then the Planning Action 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 two trees are planted for every one tree removed. The new proposed trees shall be
planted within one year of tree removal and shall be of appropriate species and locations
considering tree maturity and location to residences. Newly planted trees shall be
maintained and regularly irrigated, especially during the driest months for at least the first
three to five growing seasons.
3)That a tree planting site plan and irrigation plan be submitted and approved to the
Planning Department prior to installation of the mitigation trees. The site plan should
show the location, species, size at time of planting and size expected at maturity of the
proposed trees with a plan for irrigation and maintenance ofthe eight mitigation trees.
Planning Commission Approval Date
Total Page Number: 155