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Home My WebLink AboutMill_Pond_1393_TREE-2024-00226ca ASF-ILAND April 17, 2024 Notice of Final Decision On April 17, 2024, the Community Development Director approved the request for the following: Planning Action: PA -TREE -2024-00226 Subject Property: 1393 Mill Pond (Tax Lot 2100) Applicant: Clear Creek HOA Description: A request for removal of one weeping willow tree, 61 inches diameter at breast height, located in the common open space of the Clear Creek Homeowners Association. The willow has reached the end of its lifecycle, is diseased, and a hazard to surrounding properties. The applicant is proposing to replace the weeping willow with a native white alder tree to be planted onsite in the common open space. COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-1-5; MAP: 39 1E 10 BA; TAX LOT: 2100 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 he 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 Jennifer Chenoweth 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 Tel: 541.486.5305 Ashland, Oregon 97520 Fax: 541.552.2050 ashtand.or.us TTY: 800.735.2900 ASHLAND PLANNING DIVISION FINDINGS & ORDERS PLANNING ACTION: PA -TREE -2024-00226 SUBJECT PROPERTY: Mill Pond Tax Lot 2100 (near 1393 Mill Pond) OWNERS / APPLICANT: Clear Creek Homeowners Association (HOA) DESCRIPTION: A request for removal of one weeping willow tree, 61 inches diameter at breast height, located in the common open space of the Clear Creek Homeowners Association. The willow has reached the end of its lifecycle, is diseased, and a hazard to surrounding properties. The applicant is proposing to replace the weeping willow with a native white alder tree to be planted onsite in the common open space. COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-1-5; ASSESSOR'S MAP: 39 1 10 BA TAX LOT: 2100 SUBMITTAL DATE: March 15, 2024 DEEMED COMPLETE DATE: March 28, 2024 STAFF APPROVAL DATE: April 17, 2024 DEADLINE TO APPEAL (4:30 p.m.): April 29, 2024 FINAL DECISION DATE: April 30, 2024 APPROVAL EXPIRATION DATE: October 30, 2025 DECISION The application requests a Tree Removal Permit to remove one weeping willow tree from the common space of the Clear Creek Homeowners Association (HOA). The application states that the tree has excessive rot and falling branches that have landed on nearby residences. The tree has been pruned in the past to alleviate some of the hazards, but it is now near the end of its lifecycle, showing excessive signs of disease, and has been deemed a hazard to the surrounding residences. The subject property is accessed from Mill Pond Road. The 0.31 -acre lot was platted in 1993 (County Survey 13 618) as Lot 2100 in the Clear Creek Subdivision. The property is zoned R-1- 5. The subject property is irregularly shaped and is described as open space & drainage easement on the survey. The lot is the shared open space for several landowners as part of an HOA. The drainage easement is part of Roca Creek, an intermittent stream located within the open space lot. The protective riparian buffer is 30 feet on either side of the centerline of the stream. Hazard tree removal is permitted within water resources protection zones provided that the procedures and approval criteria described in chapters 18.4.5 and 18.5.7 are followed. According to the application, the weeping willow is 61 inches diameter at breast height. In addition, a certified arborist determined that three other weeping willow trees within the open space are approaching the end of their lifespan and recommended monitoring them on a yearly basis and pruning as necessary to prevent property damage to homes. The subject tree, a weeping willow, is identified as tree #4 in the application and was determined to be an immediate hazard to be removed as soon as possible. PA -TREE -2024-00226 Mill Pond TL #2100 /jne Page I The applicant proposes to mitigate the loss of the weeping willow by planting a native white alder. The applicability for tree removal (per AMC 18.5.7.020) is that it shall be carried out in accordance with the requirements of AMC Chapter 18.5.7. The application included a narrative, site plan, photos of the proposed tree to be removed, and mitigation for the loss of the tree. During the April 2024 regular meeting of the City of Ashland Tree Management Advisory Committee (Tree MAC), the recommendation to staff and the applicant was to remove the hazard tree and plant a swamp white oak for mitigation. Staff has determined that the applicant may choose to plant either species: the native white alder as recommended by the applicant, or the swamp white oak as suggested by the Tree MAC for mitigation. Staff notes that the swamp white oak is not a native species to Oregon. The Notice of Complete Application (NOCA) was mailed to all properties within 200 feet of the subject property as well as a physical notice posted along the frontage of the property. The notice included staff contact information, In accordance with AMC 18.5.1.050, the Type I procedure for planning applications allows a 14 -day period for the submission of written comments, starting from the date of mailing. One written comment in favor of removing the tree was submitted to the Planning Department. The applicant has submitted a burden of proof document showing that they meet the criteria of approval for a Tree Removal Permit. The document is incorporated herein by this reference. In the staff's assessment, the proposed removal of one weeping willow tree is in conformance with the land use ordinance approval criteria as cited below. In summary, staff agrees that the tree proposed for removal will not have significant negative impact on erosion, soil stability, or have a significant impact on the tree densities within 200 feet of the property. One replacement tree is proposed to be planted to mitigate the loss of the weeping willow. The application materials state that the tree is proposed for removal because it contains excessive rot and is a danger to adjacent residences in the HOA. Based on the materials submitted by the applicant, staff finds the application has sufficiently demonstrated compliance with all approval criteria for tree removal. The criteria for Hazard Tree Removal are described in AMC Chapter 18.5.7.040.13 as follows: Hazard Tree. A Hazard Tree Removal Permit shall be granted if the approval authority finds that the application meets all of the following criteria, or can be made to conform through the imposition of conditions. a. The applicant must demonstrate that the condition or location of the tree presents a clear public safety hazard (i.e., likely to fail 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. PA -TREE -2024-00225 Mill Pond TL #2100 Jnc Page 2 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. Staff finds that Planning Action TREE -2024-00226, a request to remove one hazard tree, complies with all applicable City ordinances with the implementation of conditions attached below. Therefore, Planning Action TREE -2024-00226 is approved. If any one or more of the following conditions are found to be invalid, for any reason whatsoever, then Planning Action TREE -2024-00226 is denied. The following are conditions of approval: 1) That all proposals of the applicant shall be conditions of approval unless otherwise specifically modified herein. 2) That one replacement, mitigation tree of an appropriate species and stature shall be planted on site. 3) That the replacement, mitigation tree shall be planted during early spring or during fall following the removal year. Avoid planting during summer or during times of drought. 4) That the mitigation tree shall be a species that is native to this region and climate friendly. 5) That replacement, mitigation tree shall be irrigated and maintained for at least the first three to five growing seasons to promote survival. L?L" , C�- 4 4Lein.2 :61t T zaz� Brandon Goldman, Community Development Director Date PA -TREE -2024-00226 Mill Pond TL #2100 /jnc 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 April 17, 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 asset forth on this list under each person's name for Planning Action #TREE -2024-00226, 1393 Mill Pond Road, TL 2100. MchaeBulCivan Signature of Employee WcomnFdevlplanningManniag Actions\PAs by StreetWfilll PondM11 Pnnd_TL2100_TREE-2024-00226%o&c1ngINODWill Pond_TL2100_TREE-202400226_NOD Affidavit of Mailing.docx 4/1712024 CT TREE -2024-00226 391 E10BB911 TREE -2024-00226 391 E10BB910 TREE -2024-00226 391 E10BA1600 ADLER GERALD L ET AL ALEXANDER DAVID MARK ET AL BERGER CATHERINE M TRUSTEE ET 721 GLENDALE AVE 1347 PROSPECT ST 9381 ROMEO DR ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 TREE -2024-00226 391 E10BA1400 TREE -2024-00226 391 E90BD500 TREE -2024-00226 391 E10BA1500 BOHN KENNETH A BROWNING PATRICIA ROBERTS TRU CASEY KEVINNANEYCKE TAMMY PO BOX 548 59 N WIGHTMAN ST 1390 ROMEO DR ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 TREE -2024-00226 391 E10BA2100 TREE -2024-00226 391 E10BC7300 ` TREE -2024-00226 391 E10BB913 CLEAR CREEK OWNERS ASSOC i COLE STEVEN B ; CULLEN CHERYL L TRUSTEE ET AL 1361 EVAN LN i 1323 MILL POND RD 11321 EVAN LN ASHLAND, OR 97520 ASHLAND, OR 97520 j ASHLAND, OR 97520 TREE -2024-00226 391 E10BA2700 TREE -2024-00226 391 E10BDI900 TREE -2024-00226 391 E10BB920 DIETERICH PAUL DRAGOLOVICH JULIA DROSSOS ALLANA DANIELLE 115 N WIGHTMAN ST ! 1364 MILL POND RD 1330 EVAN LN ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 TREE -2024-00226 391 E10BA2500 TREE -2024-00226 391 E10BB909 TREE -2024-00226 391 E10BA2900 DUARET JOSEPH TRUST ET AL EATINGER A R TRUSTEE ET AL ELLNGSON ELIZABETH T TRUSTE 999 THIRD AVE 40TH FL 1361 EVAN LN 253 N 3RD ST SEATTLE, WA 98104 ASHLAND, OR 97520 ASHLAND, OR 97520 TREE -2024-00226 391 E10BB801 TREE -2024-00226 391 E10BD2400 TREE -2024-00226 391 E10BD207 FARRELL JOHN L/ALLA V FELIX PEGGY S TRUSTEE ET AL FUJIKAWA DAVID KISO ET AL 550 FORDYCE ST 1332 MILL POND RD 101 ROCK OAK CT ASHLAND, OR 97520 ASHLAND, OR 97520 WALNUT CREEK, CA 94598 TREE -2024-00226 391 E10BA2300 E TREE -2024-00226 391 E1 OBC8000 TREE -2024-00226 391 E10BA2000 GABRIELLE KARINE TRUSTEE ET A GIANCARLO PAUL WET AL GILLESPIE IAN ET AL PO BOX 1083 1390 EVERGREEN LN 1389 MILL POND RD WINCHESTER, OR 97495 ASHLAND, OR 97520 ASHLAND, OR 97520 TREE-2024-00226391E10BC7500 ' TREE-2024-00226391E10BC7200 TREE-2024-00226391E10BA2800 LLAT ISLEEN REV TRUST ET AL HADDEN JENNIFER HOLTY DAVID W TRUSTEE ET AL 1316 MILL POND RD 2850 SISKIYOU BLVD 661 NEPENTHE RD ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 TREE -2024-00226 391 E10BD1800 TREE -2024-00226 391 E10BD1700 TREE -2024-00226 HUANG TOM CANIFENG LUN MAI HUNTER MATTHEW A ET AL J&J TREE SERVICE 1372 MILL POND RD 11381 EVAN LN 5620 MC LOUGHLIN DR ASHLAND, OR 97520 I ASHLAND, OR 97520 CENTRAL POINT, OR 97502 TREE -2024-00226 391E10BB917 TREE -2024-00226 391E1 OBD2000 TREE -2024-00226 391 E10BB919 LAUGHERY CHRISTOPHER P LAVOIE JAMES C AND LAVOIE LIN MACKAY RICHARD ET AL 586 FORDYCE ST 1356 MILL POND RD 1360 EVAN LN ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 TREE -2024-00226 391 E10BC7400 FREE -2024-00226 391 E10BB908 TREE -2024-00226 391 E10BD300 OPGENORTH JOHN L/LINDON MARY PIRASTEH IMAN RAFFEL SELENE/KEITH BEDARD 1324 MILL POND RD 1371 EVAN LN 75 N WIGHTMAN ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 TREE -2024-00226 391 E10BB710 TREE -2024-00226 391 El OBB800 TREE -2024-00226 391 E10BB804 RANSWEILER JAMES A II ET AL REESE JANE ROWAN JACQUELINE 1320 ROMEO DR 554 FORDYCE ST PO BOX 112 ASHLAND, OR 97520 E ASHLAND, OR 97520 ` WILLIAMS, OR 97544 TREE -2024-00226 391 E10BA1300 TREE -2024-00226 391 E10BB711 TREE -2024-00226 391 E10BB918 SAGAN CASSANDRA E SCHELL AMANDA N/GREGORY R ; SCHLEINING EVAN 7740 SW HUNT CLUB PL 1310 ROMEO DR 3140 JUANIPERO WAY STE 201 PORTLAND, OR 97219 ASHLAND, OR 97520 MEDFORD, OR 97504 TREE -2024-00226 391 E1 OBB914 TREE -2024-00226 391 E10BA2400 TREE -2024-00226 391 E10BD2500 SEIDLER MICHAEL E ET AL SHELDON VIONA JEAN SWARZMAN DEBRA ET AL 1311 EVAN LN 1380 MILL POND RD 1391 EVERGREEN LN ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 TREE -2024-00226 391El0BA1900 TREE -2024-00226 391E10BB916 ? TREE -2024-00226 391E10BD2100 SWENT JANICE L TRUSTEE ET AL TAUFER ALISON D TRUSTEE ET AL - THOMAS ELENA K TRUSTEE ET AL 1399 MILL POND RD 1300 EVAN LN 1348 MILL POND RD ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 TREE -2024-00226 391 El OBB912 TREE -2024-00226 391 E10BB803 TREE -2024-00226 391 E10BD208 VRIEZE JOHN M TRUSTEE ET AL WACHTEL EVELYN C TRUSTEE ET A WHITE EARLE A FAMILY LIVING T 3600 COOMBS CT 560 FORDYCE ST ' 83 N WIGHTMAN ST ARCATA, CA 95521 ! ASHLAND, OR 97520 ASHLAND, OR 97520 Mill Pond TL2100 NOD 04/17/24 51 0915 /Cid 3tAb� Michael Sullivan From: S. Cale <stevebc1 @gmail.com> Sent: Wednesday, April 03, 2024 10:29 AM To: planning Subject: Re Tree removal permit [EXTERNAL SENDER] Hi, Regardingthe tree removal permitAMC 18.5.7.040.6, Planning action PA -TREE -2024-00226. Live in the neighborhood and support the removal of the tree. It was a huge tree when I moved here in 1996, so it is old. I watched a similar tree, just up the creek fall over a year or two ago. I support removal. I feel it is a danger to the surrounding houses and their residents and as a member of the homeowners association, feel it should be taken down and replaced with something more appropriate in size forthe Location. Thank you, Steve Cole 1323 Mill Pond Rd Ashland, 4R 97520 CITY OF 4""THLAN" NOTICE OF APPLICATION PLANNING ACTION: PA -TREE -2024-00226 SUBJECT PROPERTY:1393 Mill Pond (Tax Lot 2100) APPLICANTIOWNER. Clear Creek HOA DESCRIPTION: A request for removal of one weeping willow tree, 61 inches diameter at breast height, located in the common open space of the Clear Creek Homeowners Association. The willow has reached the end of its lifecycle, is diseased, and a hazard to surrounding properties. The applicant is proposing to replace the weeping willow with a native white alder tree to be planted onsite in the common open space. COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-1-5; MAP: 391E 10 BA; TAX LOT: 2100 NOTICE OF COMPLETE APPLICATION: March 28, 2024 DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: April 11, 2024 P 1D `ILL01,/L NFc ii�f�1 F I' x CALYPSO CT Y P l GRCH€Cr -�T t LU cJ , r a e � � CALYPSO CT Y P l GRCH€Cr -�T t LU cJ EVERGREEN ' K f ' COMMUNITY DEVELOPMENT DEPARTMENT 51 Winburn Way Tel: 541.488.5305 Ashland, Oregon 97520 Fax 541.552.2050 ashbrid.ar.us TTY: 800.735.2900 , a e � � EVERGREEN ' K f ' COMMUNITY DEVELOPMENT DEPARTMENT 51 Winburn Way Tel: 541.488.5305 Ashland, Oregon 97520 Fax 541.552.2050 ashbrid.ar.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:llgis.ashland.or.us/develor)mentproposaisf. 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 planning(d7ashland.or.us. Any affected property owner or resident has a right to submit written comments within the 14 -day comment period to plan ning(7a.ashland.or.us 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 LUA 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(a),ashland. or. us 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 I), TREE REMOVAL PERMIT (AMC 18.5.7.040.1) 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, COMMUNITY DEVELOPMENT DEPARTMENT 51 Winburn way Te[: 541.488.5305 Ashland, Oregon 9752£3 Fax: 541.552.2050 ashbnd,onus TTY: 800.735.2900 CITY OF AS A N D 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 Tei: 541.4$$.5905 Ashland, Oregon 97520 Fax: 541.5522050 ashland.or.us TTY: $00.735.2900 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 March 28, 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 -2024-00226, 1393 Mill Pond Road, TL 2100. MichaeBuffivan Signature of Employee G:4cornm-devlplanningftnning ActionsTAs by SheellMM11 PondVill Pond_TL2100_TREE-2024-M2284NoticingUil I Pond_TL2100_TREE-202400226_NOC_ Affidavit of Mailing.doex 312812024 Be"d a�cng finc tu expose Pop up Edge Use Avery TempLitc 5160 1 TREE -2024-00226 391 E10BB911 TREE -2024-00226 391 E10BB910 TREE -2024-00226 391 E10BA1600 ADLER GERALD L ET AL ALEXANDER DAVID MARK ET AL BERGER CATHERINE M TRUSTEE ET 721 GLENDALE AVE 1347 PROSPECT ST 1381 ROMEO DR ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 TREE -2024-00226 391 E10BA1400 TREE -2024-00226 391 E10BD500 TREE -2024-00226 391 E10BA1700 BOHN KENNETH A BROWNING PATRICIA ROBERTS TRU CASEY KEVIN JNAN EYCKE TAMAR PO BOX 548 59 N WIGHTMAN ST 1390 ROMEO DR ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 TREE-2024-00226391E10BA2100 1 TREE-2024-00226391E10BC7300 TREE-2024-00226391E10BB913 CLEAR CREEK OWNERS ASSOC I COLE STEVEN B CULLEN CHERYL L TRUSTEE ET AL 1361 EVAN LN 1323 MILL POND RD 1321 EVAN LN ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 TREE -2024-00226 391 E10BA2700 TREE -2024-00226 391 E10BD1900 TREE -2024-00226 391 E10BB920 DIETERICH PAUL DRAGOLOVICH JULIA DROSSOS ALLANA DANIELLE 115 N WIGHTMAN ST 1364 MILL POND RD 1330 EVAN LN ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 TREE -2D24-00226 391 E10BA2500 TREE -202400226 391 E10BB909 TREE -2024-00226 391 E10BA2900 DUARET JOSEPH TRUST ET AL EATINGER A R TRUSTEE ET AL ELLINGSON ELIZABETH T TRUSTE 999 THIRD AVE 40TH FL 1361 EVAN LN 253 N 3RD ST SEATTLE, WA 98104 ASHLAND, OR 97520 ASHLAND, OR 97520 TREE-2024-00226391E10BB801 TREE-2024-00226391E10BD2400 ' TREE-2024-00226391E10BD207 FARRELL JOHN LIALLA V FELIX PEGGY S TRUSTEE ET AL FUJIKAWA DAVID KISO ET AL 550 FORDYCE ST 1332 MILL POND RD 101 ROCK OAK CT ASHLAND, OR 97520 ' ASHLAND, OR 97520 WALNUT CREEK, CA 94598 TREE -2024-00226 391 ElOBA2200 TREE -2024-00226 391E10BC8000 TREE -2024-00226 391E10BA2000 GABRIELLE KARINE TRUSTEE ETA GIANCARLO PAUL W ET AL GILLESPIE IAN ET AL PO BOX 1083 1390 EVERGREEN LN 1389 MILL POND RD WINCHESTER, OR 97495 ASHLAND, OR 97520 ASHLAND, OR 97520 TREE -2024-00226 391E10BC750 1 - TREE -2024-00226 391 E1iF3C7211 - � TREE -2024-00226 391 E106A2E00 LLAT ISLEEN REV TRUST ET AL HADDEN JENNIFER HOLTY DAVID W TRUSTEE ET AL 1316 MILL POND RD 2850 SISKIYOU BLVD 661 NEPENTHE RD ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 TREE-2024-00226391E10BD1800 TREE-2024-00226391E10BD1700 TREE -2024-00226 HUANG TOM CANIFENG LUN MAI I HUNTER MATTHEW A ET AL AJ TREE SERVICE 1372 MILL POND RD j 1381 EVAN LN 15620 MC LOUGHLIN DR ASHLAND, OR 97520 ! ASHLAND, OR 97520 I CENTRAL POINT, OR 97502 TREE -2024-00226 391E10BD2300 TREE -2024-00226 391E10BA2600 TREE -2024-00226 391E10BD400 JONES BARBRAN PIROG JONES GREGORY REES LANDELL PAMELA C 1340 MILL POND RD 107 N WIGHTMAN ST PO BOX 189 ASHLAND, OR 97520 ASHLAND, OR 97520 CANYONVILLE, OR 97417 .' . TREE -2024-00226 391E10BB917 LAUGHERY CHRISTOPHER P 586 FORDYCE ST ASHLAND, OR 97520 TREE -2024-00226 391E10BC7400 OPGENORTH JOHN L/LINDON MARY 1324 MILL POND RD ASHLAND, OR 97520 TREE -2024-00226 391 E10BB710 RANSWEILER JAMES A 11 ET AL 1320 ROMEO DR ASHLAND, OR 97520 TREE -2024-00226 391 E10BA1300 SAGAN CASSANDRA 7740 SW HUNT CLUB PL PORTLAND, OR 97219 TREE -2024-00226 391 E10BB914 SEIDLER MICHAEL E ET AL 1311 EVAN LN ASHLAND, OR 97520 TREE -2024-00226 391E10BA1900 SWENT JANICE L TRUSTEE ET AL 1399 MILL POND RD ASHLAND, OR 97520 AciaiesS, dDelb c3o to avery.corn/emp a es 1 8 MCI along line to expose Pop-up EdgP 1 Use Avery Template 5160 1 TREE -2024-00226 391E10BD2000 LAVOIE .TAMES C AND LAVOIE LIN 1356 MILL POND RD 'ASHLAND, OR 97520 TREE -2024-00226 391 E10BB908 PIRASTEH [MAN 1371 EVAN LN ASHLAND, OR 97520 TREE -2024-00226 391 E10BB800 REESE JANE 554 FORDYCE ST ASHLAND, OR 97520 TREE -2024-00226 391E10BB711 SCHELL AMANDA N/GREGORY R 1310 ROMEO DR ASHLAND, OR 97520 TREE -2024-00226 391 E10BA2400 SHELDON VIONA JEAN 1380 MILL POND RD ASHLAND, OR 97520 TREE -2024-00226 391 E10BB916 TAUFER ALISON D TRUSTEE ET AL 1300 EVAN LN ASHLAND, OR 97520 E TREE -2024-00226 391E10BB919 MACKAY RICHARD ET AL 1360 EVAN LN ASHLAND, OR 97520 TREE -2024-00226 391 E10BD300 RAFFEL SELENE/KEITH BEDARD 75 N WIGHTMAN ST ASHLAND, OR 97520 TREE -2024-00226 391E10BB804 ROWAN JACQUELINE PO BOX 112 WILLIAMS, OR 97544 I TREE -2024-00226 391 E10BB918 SCHLEINING EVAN 3140 JUANIPERO WAY STE 201 MEDFORD, OR 97504 l TREE -2024-00226 391 E10BD2500 SWARZMAN DEBRA ET AL 1391 EVERGREEN LN ASHLAND, OR 97520 TREE -2024-00226 391E10BD2100 THOMAS ELENA K TRUSTEE ET AL 1348 MILLPOND RD ASHLAND, OR 97520 E TREE -2024-00226 391 E106B912 TREE -2024-00226 391 E10BB803 TREE -2024-00226 391 E10BD208 VRIEZE JOHN M TRUSTEE ET AL ' WACHTEL EVELYN C TRUSTEE ETA WHITE EARLE A FAMILY LIVING T 3600 COOMBS CT 560 FORDYCE ST 83 N WIGHTMAN ST ARCATA, CA 95521 ASHLAND, OR 97520 i ASHLAND, OR 97520 { 1393 Mill Pond, TL 2100 NOC 03/28/24 51 3 Etlquettes d'adresse Easy PeelAflez a aver .ca/ abarits ' Pat: avery.eotn/pateizts ; i- t. -_i..., .o; .r .. ,. I- r�_._ ..._ . ' y g i f--:RcFllu E;I' Planning Division 7 51 Winburn Way, Ashland OR 97520 Phone: 541-498-5305 Fax: 541-488-6006 ZONING PERMIT APPLICATION Email: Planningcrashland.orms . FILE # DESCRIPTION OF PROJECT Removal of hazardous weeping willow from HOA common open space DESCRIPTION OF PROPERTY Street Address 1393 Mill Pond Rd Assessor's Map No, 391 E 9 OBA Zoning R-1-5 APPLICANT Name Steve/Elena Thomas Address. 1345 Mill Pond Rd Tax Lot(s) Pursuing LEEDO Certification? 13 YES 13 NO M Comp Plan Designation Single Family Residential Phone 5415942209 E -Mail stevelena_t@yahoo.com city Ashland zip 97520 PROPERTY OWNER Name Clear Creek HOA Phone 5415942209 E -Mail stevelena—t@yahoo.com Address _...1348 Mill Pond Rd SURVEYOR ENGINEER ARCHITECT LANDSCAPE ARCHITECT OTHER Title Tree Service Name J&J Tree Service Phone Address Title Address Phone City Ashland Zip97520 city City E -Mail Zip E -Mail Zip I hereby certify that the statements and information contained in this application, including the enclosed drawings and the required findings of fact, are in all respects, Prue and correct t understand that all property pins must be shown on the drawings and visible upon the site inspeoflon, In the event the pins are not shown or their location found to be incorrect, the owner assumes full responsibility. l further understand that if this request is subsequently contested, the burden will be on me to establish: 1) that 1 produced sufficient factual evidence at the hearing to support this request; 2) that the findings of fact furnished justifies the granting of the request; 3) that the findings of fact furnished by me are adequate; and further 4) that all structures or improvements are properly located on the ground. Failure in this regard will result most Likely in not only the request being set aside, but also possibly in my structures being built In reliance thereon being required to be removed at my expense. IFI have any doubts, I am advised to seek competent professional advice and assistance. 3/�►/��..( Applicant's Signature Date--� r As owner of the property involved in this request, I have read and understood the complete application and its consequences to me as a property owner. Property Owner's Slgnatur8 (required) Date [To be mVteted by City 8101F) Dale Received Zoning Permit Type Filing Fee `S OVER N Wxom"- v+planningTenns & HundouW2a4ng Pam it Applicadon doe 12 DECEMBER 2019 MEETING WITH PETE BAUGHMAN, ARBORIST, CITY OF ASHLAND PARKS AND RECREATION We sent Pete an email on 11 December requesting a recommendation for a certified arborist in order to obtain an objective tree risk assessment independent of any bid request. Pete responded with two recommendations and also offered to look at the willows and give an informal opinion. We accepted this offer and told Pete we would also consider his input to be unofficial. Our main concern was determining if all trees should be removed as soon as possible or if we had the option to develop a priority list and thereby address each tree as needed over time. Pete noted that all tour willows are near the end of their life spans. Tree # 1: This tree is not in immediate danger of failure, barring an unusual and outstanding weather event. Rotting was noted at the trunk's ground level, but the main branch hangs over the creek and away from the sidewalk. He felt this tree was not catastrophic and does not need to be removed immediately. Tree #2: Although this tree exhibits some weak branch -to -trunk connections, it is fairly sound and does not need to be removed immediately. However, it was noted that the roots on this tree are causing damage to the sidewalk and street. Tree #3: This tree has three main branches, including the branch hanging over the 1399 Mill Pond home. The middle branch grows vertically and the third branch grows out over the creek. Secondary branches on the third branch, if it failed, could brush the house at 1341 Evan. Pete felt it would be safest to fully remove this tree. However, if our HOA is unable to currently afford full removal at this time, we could just remove the branch hanging over 1399. He suggested that the branch be cut, not close to the trunk, but further up where a secondary branch is growing. This would prevent rot entering the trunk which would accelerate the over-all deterioration, in turn affecting the stability of the two remaining branches. Tree #4: This tree should be removed due to excessive rot, as evidenced by several fruiting fungal bodies on the trunk's west, north, and east sides. The tree has branches spreading out in all directions, and the house at 1341 has already been hit by falling branches (as evidence, a fallen branch still sits on top of the root). Luckily, the house was not damaged and no one was hurt; but as the homeowner has commented, we may not be so lucky next time. Shortly after this meeting, we learned from a CCHOA homeowner, Steve Cole, that the home on Romeo, just outside our open space, also has been hit by branches from this tree. So far, their home has not been damaged, but they also are concerned about the tree. Our thoughts and comments: Pete emphasized, as we've learned, that weeping willows are problematic due to their fast growth and short life span (20-30 years). These trees are at least 26 years old and have been causing annual pruning expenses. They obviously are in decline. CCHOA stili needs to obtain a formal arborist report, which includes a tree risk assessment, before CCHOA can make definitive decisions, but it appears that at the very least Tree #4 needs to be removed in the near future (it will require a Tree Removal Permit from the City) and the branch hanging over 1399 needs to be removed this spring (a permit is not required for pruning as we learned in our 10 December meeting with Planning Manager, Maria Harris). After that, CCHOA needs to be vigilant in observing the remaining trees over time and obtaining annual tree risk assessments for any remaining trees. In the meantime, CCHOA needs to rebuild its reserves to have the funds for addressing the willow problem. It might be advisable for CCHOA to create an Open Space Committee. In addition to the willow issues, there are other open space issues (e.g., eventually the wood on the bridge will need to be replaced, invasive weeds have come in that could impact the creek's carrying capacity, and bank erosion that is already occurring). Weeping willow, DBH 61", in Clear Creek HOA, common open space, view from south Conchs on northwest face of willow Conch on north face Conchs on northeast and east faces Multiple branch -to -trunk connections showing accumulated debris, growing vegetation, and raccoon feces