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HomeMy WebLinkAboutGranite_440_TREE-2024-00236ASHLARN;�:"'� July 25, 2024 Notice of Final Decision On July 25, 2024, the Community Development Director approved the request for the following: Planning Action: PA-TREE-2024-00236 Subject Property: 440 Granite Street Applicant: Piper Von Chamier for Willing Description: A request for approval to remove two Port Orford cedar trees from the property at 440 Granite Street. The trees are 12 inches — 13 inches dimeter at breast height. According to a certified arborist, the trees are in severe decline. One large stature replacement tree is proposed to be planted in the fall to mitigate the loss of the trees. COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: WR; MAP: 39 1E 16 BB; TAX LOT: 1300. The Community Development Director's decision becomes final and is effective on the 12"' day after the Notice of Final Decision is mailed. Approval is valid for a period of 18 months and all conditions of approval identified on the attached Findings are required to be met prior to project completion. The application, all associated documents and evidence submitted, and the applicable criteria are available for review at the Ashland Community Development Department, located at 51 Winburn Way. Copies of file documents can be requested and are charged based on the City of Ashland copy fee schedule. Prior to the final decision date, anyone who was mailed this Notice of Final Decision may request a reconsideration of the action as set forth in the Ashland Land Use Ordinance (ALUO) 18.5.1.050(F) and/or file an appeal to the Ashland Planning Commission as provided in ALUO 18.5.1.050(G). The ALUO sections covering reconsideration and appeal procedures are attached. The appeal may not be made directly to the Oregon Land Use Board of Appeals. If you have any questions regarding this decision, please contact Aaron Anderson in the Community Development Department at (541) 488-5305. cc: Parties of record and property owners within 200 ft COMMUNITY DEVELOPMENT DEPARTMENT 51 Winburn Way Teo: 541.488.5305 Ashland, Oregon 97520 fax: 541.552.2050 ashlond.or.us TTY: 800,735.2900 ASHLAND PLANNING DIVISION FINDINGS & ORDERS PLANNING ACTION: PA-TREE-2024-00236 SUBJECT PROPERTY: 440 Granite Street APPLICANT/OWNER: Piper Von Charmer, agent for owner Granite Trust DESCRIPTION: A request for approval to remove two Port Orford cedar trees from the property at 440 Granite Street. The trees are 12 inches —13 inches dimeter at breast height. According to a certified arborist, the trees are in severe decline. One large stature replacement tree is proposed to be planted in the fall to mitigate the loss of the trees. COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: WR; MAP: 39 1E 16 BB; TAX LOT: 1300 SUBMITTAL DATE: June 21, 2024 DEEMED COMPLETE DATE: June 26, 2024 STAFF APPROVAL DATE: July 25, 2024 DEADLINE TO APPEAL (4:30 p.m.): August 6, 2024 FINAL DECISION DATE: August 7, 2024 APPROVAL EXPIRATION DATE: February 7, 2026 DECISION The application requests a Tree Removal Permit to remove two trees that were previously shown to be protected during the planning action (PA-T2-2023-00039) that approved the home that is currently under construction. The request is to remove two Port Orford cedar trees from the property at 440 Granite Street which were numbered #20 and #22 on the original tree protection plan. The trees are 12- to 13-inches in diameter at breast height. The application includes a report from the project arborist Chistopher John of Canopy, LLC which notes that while the trees are "experiencing a severe decline most likely due to Port Orford cedar root rot disease, Phytophthora lateralis, for which there is no known cure. It has caused the death of many other Port Orford cedar trees on this and nearby properties, including Lithia Park." It is his recommendation that these trees will not recover and should be removed. A tree removal permit modifying the original Tree Protection Plan of the subdivision is regulated as a "Type I" planning action, which allows for review and a decision by the Staff Advisor, Notice was provided to surrounding property owners following submittal of a complete application, and staff received no input from the public during the public cozmnent period. At the July regular meeting of the Tree Management Advisory Committee (TMAC), staff presented the ;application. TMAC members recommended removal due to the obvious decline of the trees 'afd'the fact that they will not survive the construction. TREE-2024-00236 440 Granite / AA Page 1 The criteria for a Tree Removal Permit (Not a hazard) are described in AMC Chapter 18.5.7.040.E as follows: 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 18.3.10. 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. Staff finds that Planning Action #TREE-2024-00236, a request to remove two trees (#20 and 22) that are not hazards complies with all applicable city ordinances with the imposition of the conditions attached below. Therefore, Planning Action #TREE-2024-00236 is approved. If any one or more of the following conditions are found to be invalid, for any reason whatsoever, then Planning Action #TREE-2024-00236 is deiced. The following are the conditions, and they are attached to the approval: 1. That all conditions of PA-T2-2023-00039 shall remain in effect unless specifically modified herein. 2. That all proposals of the applicant shall be conditions of approval unless otherwise specifically modified herein. 3. That a Verification Permit shall be applied for and approved by the Ashland Planning Division prior to tree removal. The Verification Permit is to inspect the proper identification of the two trees to be removed on site prior to removal. TREE-2024-0023 6 440 Granite / AA Page 2 4. That the applicant shall mitigate the removal of the two trees pursuant to the requirements of AMC 18.5.7.050 within one year of the removals by either planting mitigation trees on site on a one -for -one basis, planting mitigation trees off -site, or providing payment in lieu of mitigation. July 25, 2024 X Goldman, Director Date Department of Community Development TREE-2024-0023 6 440 Granite 1 AA Page 3 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 7/25/24 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-TREE-2024-00236, 440 Granite. gucaQ Signature of Employee G:4comm-devlplann!Ng Nanning AckvnsTAs by StreetMTakefma%akelma_26764TREE-2024-U6237MftinglTakelma_2676_TREE-2024-00237_R'Op Alfidaykof Mading.docx 7/2412624 'PA.TREE-2024-00236 391E16BB1300 BATES KAREN LOUISE TRUSTEE ET 711 BEACH ST ;.ASHLAND, OR 97520 PA-TR E E-2024-00236 391E17AA400 IRVIN'BARBARA L 433 GRANITE ST ASHLAND, OR 97520 PkTREE-2024-00236 PIPER CON CHAMIER 310 OAK ST, STE 3 ASHLAND, OR 97520 PA-TREE-2024-00236 391 E17AA600 BIRT RICHARD AITONIA M 445 GRANITE ST ASHLAND, OR 97520 PA-TREE-2024-00236 391E17AA500 LEMANNE DAWN TRUSTEE ET AL 435 GRANITE ST ASHLAND, OR 97520 PA-TREE-2024-00236 JORDAN WILLING 621 MORTON ST ASHLAND, OR 97520 PA-TREE-2024-00236 391 El7AA1100 STAUNTON JOHN MARSHALL TRUSTE 510 GRANITE ST ASHLAND, OR 97520 440 Granite NOD 7/25/24 8 S'"ffw LAND NOTICE OF APPLICATION PLANNING ACTION: PA-TREE-2024-00236 SUBJECT PROPERTY: 440 Granite Street OWNER 1 APPLICANT: Piper Von Chamier for Willing DESCRIPTION: A request for approval to remove two Port Orford cedar trees from the property at 440 Granite Street. The trees are 12 inches —13 inches dimeter at breast height. According to a certified arborist, the trees are in severe decline. One large stature replacement tree is proposed to be planted in the fall to mitigate the loss of the trees. COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: WR; MAP: 39 1E 16 BB; TAX LOT: 1300 NOTICE OF COMPLETE APPLICATION: June 26, 2024 DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: JuIV 11.2024 Litho Perk I COMMUNITY DEVELOPMENT DEPARTMENT 51 Winburn Way Tel: 541.488.5305 Ashland, Oregon 97520 Fax: 541.552.2050 ashland.cr.us TTY: 800.735,2900 The Ashland Planning Division Staff has received a complete application for the property noted on Page 1 of this notice. A copy of the application, including all documents, evidence and applicable criteria are available online at "What's Happening in my City" at https://gis.ashiand.or.us/developmentproposaIsl. Copies of application materials will be provided at reasonable cost, if requested. Application materials may be requested to be reviewed in -person at the Ashland Community Development & Engineering Services Building, 51 Winburn Way, via a pre -arranged appointment by calling (541) 488-5305 or emailing at planninq(@ashlandoreg-on.gov. Any affected property owner or resident has a right to submit written comments within the 14-day comment period to plan ning(cr)ashlandoregon.gov 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 1. Ashland Planning Division Staff determine if a land use application is complete within 30 days of submittal. Upon determination of completeness, a notice is sent to surrounding properties within 200 feet of the property submitting the application. After the comment period and not more than 45 days from the application being deemed complete, the Planning Division Staff shall make a final decision on the application. A notice of decision is mailed to the same properties within 5 days of decision. An appeal to the Planning Commission of the Planning Division Staff's decision must be made in writing to the Ashland Planning Division within 12 days from the date of the mailing of final decision. (AMC 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, precludes your right of appeal to the Land Use Board of Appeals (LUBA) on that issue. Failure to specify which ordinance criterion the objection is based on also precludes your right of appeal to LUBA on that criterion. Failure of the applicant to raise constitutional or other issues relating to proposed conditions of approval with sufficient specificity to allow this Department to respond to the issue precludes an action for damages in circuit court. If you have questions or comments concerning this request, please feel free to contact Jennifer Chenoweth at 541-552-2045 or Jennifer.chenoweth ashlandore on. ov 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 meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting. (28 CFR 35.102.-35.104 ADA Title 1). 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 I&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 18,53.050. 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 Invaifs ashlond.or.us TTY: KU35.2900 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 June 26, 2024 1 caused to be mailed, by regular mail, in a sealed envelope with postage fully prepaid, a copy of the attached planning action notice to each person listed on the attached mailing list at such addresses as set forth on this list under each person's name for Planning Action #TREE-2024-00236, 440 Granite Street. MichaeCSuCCivan Signature of Employee O lcamm-devyplanninglPlan*g AdonsWs by StreetGlGranite4Granile_4401Granite_440_TREE-2024-00236WokinglGranite_440 TREE-202400236_NOC_MdaAt of Mailing.docz W612024 0' •I' ♦. .._ TREE-2024-00236 39I E16BB1300 TREE-2024-00236 391 El7AA600 i TREE-2024-00236 BATES KAREN LOUISE TRUSTEE ET BIRT RICHARD AITONIA M CANOPY LLC 711 BEACH ST 445 GRANITE ST PO BOX 263 ASHLAND, OR 97520 ASHLAND, OR 97520 TALENT, OR 97540 TREE-2024-00236 391 E17AA1700 FREE-2024-00236 391 E17AA400 TREE-2024-00236 GIROUX MONIQUE L ET AL IRVIN BARBARA L JORDAN WILLING 514 GRANITE ST 433 GRANITE ST 621 MORTON ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 TREE-2024-00236 391 El7AA500 TREE-2024-00236 TREE-2024-00236 391 EI7AA1100 LEMANNE DAWN TRUSTEE ET AL PIPER VON CHAMIER STAUNTON JOHN MARSHALL TRUSTE 435 GRANITE ST 310 OAK ST, SUITE 3 510 GRANITE ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 440 Granite St NOC 06/26/24 i 9 j i i a603 do -clod asod6tiolo puog 3 �� slage-lssaappy laad.Ase3 09LS Ad3A Planning Division 51 Winhurn Way, Ashland OR 97520 Phone:541-488.5305 Fax:541-488-6006 Email: Planning@ashland.or.us DESCRIPTION OF PROJECT Residence DESCRIPTION OF PROPERTY Street Address 440 Granite Street Assessor's Map No. 391 E 16BB Zoning APPLICANT Name PIPER VON CHAMIER Address 310 OAK STREET, SUITE 3 PROPERTY OWNER Name Jordan Willing Address 621 MORTON STREET ZONING PERMIT APPLICATION FILE # Pursuing LEEDO Certification? ❑ YES © NO Tax Lot(s) CS 20145 Comp Plan Designation Phone 541.500.477JE-Mail PIPER@TERRAINARCH.COM CityASHLAND Zip 97520 Phone 541.625.24 E-Mail JORDAN.willing@gmail.com CityASHLAND ZipOR SURVEYOR ENGINEER ARCHITECT LANDSCAPE ARCHITECT OTHER Title PRINCIPAL Name PIPER VON CHAMIER Phone 541.500.4776 Address 310 OAK STREET, SUITE 3 Title Name Address E-Mail PIPER@TERRAIN City AS H LAN D Phone E-Mall City Zip 97520 Zip 1 hereby cerlffy that the statements and Intopmallon contained in this application, Including the enclosed drawings and the required findings of fact, are In all respects, true and correct 1 understand that all properly 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 Incorpect, the owner assumes full responsibility. 1 further understand that ff this request is subsequently contested, the burden will be on me to establish.' 1) that 1 produced sufficient factual evidence at the heaping to support this request,• 2) that the findings of fact famished/ustffies the granting of the request,- 3) that the findings of fact furnished by me are adequate, and fudhep 4) that all slpuctures or Improvements are properly located on the ground. Fallure in Ibis regard will pesull most likely in not only the request being set aside, but also possibly in my stpuctures being built in reliance thereon being required to I e ved at my exp t have any doubts, lam advised to seek competent U po'1 .eO 7'vicZfns A li nt's Signature Date As owner of the properly involved in this request,) ha ve read and understood the complete applicatlon and ils consequences to me as a properly owner. 6/25/2024 Property Owner's Signature (required) [To he eompleled by City Slam Date Date Received Zoning Permit Type Filing Fee OVER ►/ GAcomm-devVplanningTorms & HandoutA&Ang Permit ApplicalionAuc ZONING PERMIT SUBMITTAL REQUIREMENTS ❑ APPLICATION FORM must be completed and signed by both applicant and property owner. ❑ PLANNING FEES FORM must be completed and signed by both applicant and property owner. ❑ 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. ❑ TRUE SCALE PDF DRAWINGS — Standard scale and formatted to print no larger than 11x17 inches. Include site plan, building elevations, parking and landscape details. ❑ FEE (Check, Charge or Cash) ❑ 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. NOTE: • 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 or concerns. • If applicable, the application will also be reviewed by the Tree and/or Historic Commissions. QAcom devlpi=1ing\Fo ms & HwidoutsVoning Permit Applicadan.doc CANOPY Lt.0 The Care of Trees www,CWnMarhnrra%n_ re P.O. Box 263 Talent, OR 97540 (541) 631-8000 CrB I99334/LCB 100473 June 21, 2024 Terrain Landscape Architecture 310 Oak St Ashland, OR 97520 RE: 440 Granite Port Orford cedars I inspected the trees at 440 Granite on June 19th, 2024, but have been inspecting these trees almost annually for the last 7-10 years. This statement pertains to the group of Port Orford cedar trees near the southeast coiner of the build- ing project. The group is identified as trees #20423 on the Tree Protection Plan. Recommended for removal are trees #22, measuring 12"DBH and #20, measuring 13" DBH, Tree #21 was identi- fied as dead prior to the start of the building project and was removed some time ago. Trees #22 and #20 are experi- encing a severe decline most likely due to Port Orford cedar root rot disease, Phytophthora lateralis, for which there is no known cure. It has caused the death of many other Port Orford cedar trees on this and nearby properties, in- cluding Lithia Park. It is my recommendation that these trees will not recover from their current poor state and should be removed. The photos below clarify which trees in the group and their current state. It is my understanding that the property owner would like to remove the trees sooner rather than later while access is still available to install a large new suc- cessional tree in their place. Please get in touch if there are any questions about these recommendations. Sincerely, Christopher John Canopy LLC ISA Board Certified Master Arborist #WE-9504B r a ���e lolle -�TERRA[N LANDSCAPE ARCHITECTURE To: Ashland Planning Division From: Piper von Chamier, Terrain Landscape Architecture Date: June 24, 2024 Subject: Removal of trees #22, and 20 at 440 Granite S I am writing to inform you that on July 25th, 2024, trees #22, and 20 identified on the Tree Protection Plan for 440 Granite will be removed. This decision has been made after careful consideration and the details on the health of each tree can be reviewed in the arborist reports included in this package. To replace the loss of these trees a new tree is being proposed for planting in the fall. The trees have been tagged on site by Terrain for reference or visual inspection. If you have any questions or concerns, please feel free to contact the office of Terrain Landscape Architecture. Best regards, Piper von Chamier Principal, Landscape Architect 310 Oak Street, Suite 3 Ashland, Oregon 97520 541.500.4776/ 503.860.9863 Terrain Landscape Architecture 541-500-4776/503.860.9863 �F�3s�2<Qiz9 r s-r��QESo�� C=�deys=s�E n Hole FPe O.R U� i 4.H CB S B n m a l: Q I d ^ R= i 1f lac !€ K g' Ha�'f z�8�3.3 a&€ tit.sg €$a g �g� u�`r k�° � � ��3s °j gz 3€-C'-_'� o4s��=•q 9- Rs8_fIQ3a�s•�'H;e,=a E� a4_'n3RQ 4°)Y �i�� €egH i R4E IFm a Nil 6 4 €2 $�4 P;Os €e�ae'o g vs- ��44g go ��i �R as?$ i n Hea gq € H 4a AgaWK r w On MW IPRIVATERESIDENCE —s7'. a .... W. til�.='�i ,f -440 GRANRE STREETPq a$ t 'ASNLANE7,OREGON97520 y x�