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HomeMy WebLinkAboutStrawberry_365_TREE-2020-00124CITY OF ASHLAND October 22, 2020 Notice of Final Decision On October 22, 2020, the Community Development Director approved the request for the following: Planning Action: TREE-2020-00124 Subject Property: 365 Strawberry Lane Applicant/Owner: Table Rock Tree/Potts-Esterling Description: A request for approval to a total of five trees at 365 Strawberry Lane. After reviewing the application, the fifth tree, a healthy pine measuring 22-inches DBH, won't be considered at this time, and instead will be considered concurrent with a future Planning Action for the development of a new building. The other four trees to be considered are a dead Oak 19-inch DBH, a dying oak eight -inches DBH, dying pine 11-inches DBH, and a dead pine measuring 25-inches DBH. COMPREHENSIVE PLAN DESIGNATION: Rural Residential; ZONING: RR-.5; MAP: 39 1E 08 AC; TAX LOT: 602 The Community Development Director's decision becomes final and is effective on the 12th day after the Notice of Final Decision is mailed. Approval is valid for a period of 18 months and all conditions of approval identified on the attached Findings are required to be met prior to project completion. The application, all associated documents and evidence submitted, and the applicable criteria are available for review at the Ashland Community Development Department, located at 51 Winburn Way. Copies of file documents can be requested and are charged based on the City of Ashland copy fee schedule. Prior to the final decision date, anyone who was mailed this Notice of Final Decision may request a reconsideration of the action as set forth in the Ashland Land Use Ordinance (ALUO) 18.5.1.050(F) and/or file an appeal to the Ashland Planning Commission as provided in ALUO 18.5.1.050(G). The ALUO sections covering reconsideration and appeal procedures are attached. The appeal may not be made directly to the Oregon Laird 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 Tel: 541488-5305 51 Winbum Way Fax: 541-552-2050 Ashland, Oregon 97520 M: 800-735-2900 OF IL www.as€�land.or.us SECTION 18.5.1.050 Type I Procedure (Administrative Decision with Notice) E. Effective Date of Decision. Unless the conditions of approval specify otherwise or the decision is appealed pursuant to subsection 18.5.1.050.G, a Type I decision becomes effective 12 days after the City mails the notice of decision. F. Reconsideration. The Staff Advisor may reconsider a Type I decision as set forth below. 1. Any party entitled to notice of the planning action, or any City department may request reconsideration of the action after the decision has been made by providing evidence to the Staff Advisor that a factual error occurred through no fault of the party asking for reconsideration, which in the opinion of the Staff Advisor, might affect the decision. Reconsideration requests are limited to factual errors and not the failure of an issue to be raised by letter or evidence during the opportunity to provide public input on the application sufficient to afford the Staff Advisor an opportunity to respond to the issue prior to making a decision. 2. Reconsideration requests shall be received within five days of mailing the notice of decision. The Staff Advisor shall decide within three days whether to reconsider the matter. 3. If the Staff Advisor is satisfied that an error occurred crucial to the decision, the Staff Advisor shall withdraw the decision for purposes of reconsideration. The Staff Advisor shall decide within ten days to affirm, modify, or reverse the original decision. The City shall send notice of the reconsideration decision to affirm, modify, or reverse to any party entitled to notice of the planning action. 4. If the Staff Advisor is not satisfied that an error occurred crucial to the decision, the Staff Advisor shall deny the reconsideration request. Notice of denial shall be sent to those parties that requested reconsideration. G. Appeal of Type I Decision. A Type I decision may be appealed to the Planning Commission, pursuant to the following: I . Who May Appeal. The following persons have standing to appeal a Type I decision. a. The applicant or owner of the subject property. b. Any person who is entitled to written notice of the Type I decision pursuant to subsection 18.5.1.050.B. c. Any other person who participated in the proceeding by submitting written comments on the application to the City by the specified deadline. 2. Appeal Filing Procedure. a. Notice of Appeal. Any person with standing to appeal, as provided in subsection 18.5.1.050.G.1, above, may appeal a Type I decision by filing a notice of appeal and paying the appeal fee according to the procedures of this subsection. The fee required in this section shall not apply to appeals made by neighborhood or community organizations recognized by the City and whose boundaries include the site. If an appellant prevails at the hearing or upon subsequent appeal, the fee for the initial hearing shall be refunded. b. Time for Filing. A notice of appeal shall be filed with the Staff Advisor within 12 days of the date the notice of decision is mailed. c. Content of Notice ofAppeal. The notice of appeal shall be accompanied by the required filing fee and shall contain. i. An identification of the decision being appealed, including the date of the decision. ii. A statement demonstrating the person filing the notice of appeal has standing to appeal. iii. A statement explaining the specific issues being raised on appeal. iv. A statement demonstrating that the appeal issues were raised during the public comment period. d. The appeal requirements of this section must be fully met or the appeal will be considered by the City as a jurisdictional defect and will not be heard or considered. 3. Scope of Appeal. Appeal hearings on Type I decisions made by the Staff Advisor shall be de novo hearings before the Planning Commission. The appeal shall not be limited to the application materials, evidence and other documentation, and specific issues raised in the review leading up to the Type I decision, but may include other relevant evidence and arguments. The Commission may allow additional evidence, testimony, or argument concerning any relevant ordinance provision. 4. Appeal Hearing Procedure. Hearings on appeals of Type I decisions follow the Type H public hearing procedures, pursuant to section 18.5.1.060, subsections A — E, except that the decision of the Planning Commission is the final decision of the City on an appeal of a Type I decision. A decision on an appeal is final the date the City mails the adopted and signed decision. Appeals of Commission decisions must be filed with the State Land Use Board of Appeals, pursuant to ORS 197.805 - 197.860, COMMUNITY DEVELOPMENT DEPARTMENT Tel:541-488-5305 51 Winburn Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 IL www.ashland.or.us PLANNING ACTION: SUBJECT PROPERTY: APPLICANT: ASHLAND PLANNING DIVISION FINDINGS & ORDERS TREE-2020-00124 365 Strawberry Lane Table Rock Tree OWNER: Potts / Esterling DESCRIPTION: A request for approval to a total of five trees at 365 Strawberry Lane. After reviewing the application, the fifth tree, a healthy pine measuring 22-inches DBH, won't be considered at this time, and instead will be considered concurrent with a future Planning Action for the development of a new building. The other four trees to be considered are a dead Oak 19-inch DBH, a dying oak eight -inches DBH, dying pine 11-inches DBH, and a dead pine measuring 25-inches DBH. COMPREHENSIVE PLAN DESIGNATION: Rural Residential; ZONING: RR-.5; MAP: 39 1E 08 AC; TAX LOT: 602 SUBMITTAL DATE: September S, 2020 DEEMED COMPLETE DATE: October 1, 2020 STAFF DECISION DATE: October 22, 2020 DEADLINE TO APPEAL (4:30 p.m.): November 3, 2020 FINAL DECISION DATE: November 4, 2020 APPROVAL EXPIRATION DATE: May 4, 2022 DECISION This proposal is to remove a total of five trees from the property at 365 Strawberry Lane. The property is located at the corner of Alnutt St. and Strawberry Lane. The property is zoned RR-0.5 as are the surrounding properties. Because the property is severely constrained a tree removal permit is needed. The request was originally to remove five trees, however, after reviewing the application the fifth tree, a healthy pine measuring 22-inches DBH, was proposed because it is within the building envelope of a future shop building. Because the development of the proposed shop will require its own Physical and Environmental (P&E) constraints review it was communicated to the applicant that this tree removal should be considered concurrent with that future P&E. Therefore the removal of the healthy pine won't be considered at this time. The other four trees to be considered are a dead Oak 19-inch DBH, a dying oak eight -inches DBH, dead pine 11-inches DBH, and a dead pine measuring 25-inches DBH. The application includes a report by an ISA certified arborist which supplies a comprehensive assessment of the four trees. The first tree is a dual stem Pine roughly eighteen feet tall and 25" DBH. This stem is completely dead and the remain stem overhang the TID walking path posing a hazard to those walking below. As mentioned above dead trees are exempt from removal permits so we don't discuss the TREE-2020-00 t24 365 Strawberry Lane,/aa Page 1 Ponderosa Pine 40' / 11" DBH or the Black Oak 19" DBH further. The remaining tree is a dying Black Oak measuring 8" DBH. The report concludes that removal of all four trees is recommended to mitigate the hazards presented from dead falling branches and potential fire danger. The property is heavily wooded with significant tree cover. In staff s assessment the removal of these four trees will have little to no effect on slope stability, species diversity, or the dissipation of storm water on the hillside. To be deemed a "hazard tree" the condition or location of the tree must clearly present a public safety hazard (i.e., that the tree is likely to fall and injure persons or property). Or, that there is a foreseeable danger of property damage to an existing structure or facility, and, that such hazard or danger cannot reasonably be alleviated by treatment, relocation or pruning. Based on the materials provided by the applicant's arborist and a site visit by staff, the subject trees are indeed posing a hazard and therefore ought to be removed. During the public comment period staff received no input from the public. At the October regular meeting of the Tree Commission, there was not a quorum As a result, the Tree Commission was unable to conduct business and there is no official recommendation by the Tree Commission on this application. The criteria for a Tree Removal Permit are described in AMC Chapter 18.5.7.040.13 as follows: 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. The criteria for a Tree Removal that is regulated by the Physical and Environmental constraints review are described in AMC Chapter 18.3.10.050 as follows: A. Through the application of the development standards of this chapter, the potential impacts to the property and nearby areas have been considered, and adverse impacts have been minimized. B. That the applicant has considered the potential hazards that the development may create and implemented measures to mitigate the potential hazards caused by the development. C. That the applicant has taken all reasonable steps to reduce the adverse impact on the environment. Irreversible actions shall be considered more seriously than reversible actions. TREE-2020-00124 365 Strawberry Lane./aa Page 2 The Staff Advisor or Planning Commission shall consider the existing development of the surrounding area, and the maximum development permitted by this ordinance. Staff finds that Planning Action #TREE-2020-00124, a request to remove four hazard trees, complies with all applicable City ordinances with the imposition of the conditions attached below. Therefore, Planning Action #TREE-2020-00124 is approved. If any one or more of the following conditions are found to be invalid, for any reason whatsoever, then Planning Action #TREE-2020-00124 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 (2) mitigation trees, of an appropriate stature, shall be planted on site within one (1) year of issuance of this decision. A -- Maria Harris, Planning Manager Department of Community Development October 22, 2020 Date TREE-2020-00124 365 Strawberry Lane./aa Page 3 AFFIDAVIT OF MAILING STATE OF OREGON County of Jackson The undersigned being first duly sworn states that: I am employed by the City of Ashland, 20 East Main Street, Ashland, Oregon 97520, in the Community Development Department. 2. On October 22, 2020 1 caused to be mailed, by regular mail, in a sealed envelope with postage fully prepaid, a copy of the attached planning action notice to each person listed on the attached mailing list at such addresses as set forth on this list under each person's name for the Planning Action #TREE-2020-00124, 365 Strawberry Lane. W a �w (-) Sigh4ture of Employee 0:1Users%trappADesklop%Templales AFFIDAVIT OF MAILING_Regan.docx 1012212020 i .4 ...J. 391 E08AD5300 TREE-2020-00124 391 E08AD5202 TREE-2020-00124 GILBERT ROBERT TRUSTEE ET AL 391 E08AD5302 TREE-2020-00124 BURTON BOB ULENNA J C/O DONNA MOZINGO KOENIG GREGORY A TRUSTEE ETA 187 STRAWBERRY LN 360 STRAWBERRY LN 162 ALNUT ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 391E08AC501 TREE-2020-00124 391 E08AC502 TREE-2020-00124 391 E08DB 100 TREE-2020-00124 MOZINGO GEORGE L. TRUSTEE ET A OLSON MARGARET J BROWN TRUSTE OURSLER DAVID PAUL 360 STRAWBERRY LN 385 STRAWBERRY LN 252 STRAWBERRY LN ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 391 E08AC602 TREE-2020-00124 POTTS WILLIAM JIESTERLING SAR 365 STRAWBERRY LN ASHLAND, OR 97520 391E08AC601 TREE-2020-00124 POTTS WILLIAM JOHN ET AL 365 STRAWBERRY LN ASHLAND, OR 97520 391E08AC500 TREE-2020-00124 391E08AC700 TR EE-2020-001 24 STRAWBERRY LANE MEADOWS HOMEO ZOLINE PATRICIA TRUSTEE 838 BLACKBERRY LN 240 NUTLEY ST ASHLAND, OR 97520 ASHLAND, OR 97520 391E08DB101 TREE-2020-00124 REECK JAY BERKLEY 230 STRAWBERRY LN ASHLAND, OR 97520 TREE-2020-00124 TATE DUNN 4521 BEAGLE RD WHITE CITY, OR 97503 365 Strawberry NOD 10.22.2020 12 ', � 09�5aae�duial/�aandas� sa;elduiaa/W0D' (cane 04 09 i o61)] do-dod osodxo oa auq 6uoIe €3tia8 sjagej ssaippV load Ase] Planning Department, 51 Winbu.I, Way, Ashland, Oregon 97520 C i T Y O F ®� 541-488-5305 Fax: 541-552-2050 www,ashland.or,us TTY; 1-800-735-2900 -AS H LAN D NOTICE OF APPLICATION PLANNING ACTION: TREE-2020-00124�� SUBJECT PROPERTY: 365 Strawberry Lane OWNER: Potts/Esterling APPLICANT: Table Rock Tree DESCRIPTION: A request for approval to a total of five trees at 365 Strawberry Lane. However, after reviewing the application the fifth tree, a healthy pine measuring 22-inches DBH, won't be considered at this time, and instead will be considered concurrent with a future planning action for the development of a new building. The four trees that are remaining to be considered are a dead Oak 19-inch DBH, a dying oak eight -inches DBH, dead pine 11-inches DBH, and a dead pine measuring 25-inches DBH. Dead trees are exempt from tree removal permits, so the only tree truly being applied for removal is the dying eight -inch oak. COMPREHENSIVE PLAN DESIGNATION: Rural Residential; ZONING: RR-.5; MAP: 391E 08 AC; TAX LOT: 602. NOTE: The Ashland Tree Commission will review this Planning Action at an electronic public hearing on Thursday, October 8, 2020 at 6:00 PM. See page 2 of this notice for information about participating in the electronic public hearing. NOTICE OF COMPLETE APPLICATION: October 1, 2020 DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: October 15, 2020 f ,.r INS Subject Property 365 Strawb erry Ln. PA -TREE 2020-00124 1 s RI 1 r✓ R 2 i e STLE 0 r i .T �a OVER C:%Llsers\trappr\AppData\LocaMficrosoHlWindows\fNetCache\Content.Outlook\YQ780XbASlrawberry_365_TREE-2020-00I24_NOC Lpdaled.doca Tree Commission Meetings Notice is hereby given that the Tree Commission will hold an electronic public hearing on the above described planning action on the meeting date and time shown on Page 1. Anyone wishing to submit written comments can do so by sending an e-mail to PC-public-testimony@ashiand.or.us with the subject line "Advisory Commission Hearing Testimony" by 10:00 a.m. on Monday, October 5 2020. If the applicant wishes to provide a rebuttal to the testimony, they can submit the rebuttal via e-mail to PC-public- testimony@ash land. or. us with the subject line "Advisory Commission Hearing Testimony" by 10:00 a.m. on Tuesday, October 6, 2020. Written testimony received by these deadlines will be available for Tree Commissioners to review before the hearing and will be included in the meeting minutes. If you wish to virtually attend or listen to the Tree Commission meetings, send an email to PC-public- testimony@ashland.or.us by 10:00 a.m. on Monday, October 5, 2020. In order to virtually attend or listen to the commission meeting, please provide the following information: 1) make the subject line of the email "Advisory Commission Participant Request", 2) include your name, 3) specify the date and commission meeting you wish to virtually attend or listen to, 4) specify if you will be participating by computer or telephone, and 5) the name you will use if participating by computer or the telephone number you will use if participating by telephone. Please note, participants that sign up to virtually attend or listen to a commission meeting will not be allowed to speak during the meeting. In compliance with the American with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Administrator's office at 541-488-6002 (TTY phone number 1-800-735-2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting. (28 CFR 35.102.-35.104 ADA Title 1). The Ashland Planning Division Staff has received a complete application for the property noted on Page 1 of this notice. Because of the COVID-19 pandemic, application materials are provided online and comments will be accepted by email. Alternative arrangements for reviewing the application or submitting comments can be made by contacting (541) 488-5305 or planning Mashland.or. us. A copy of the application, including all documents, evidence and applicable criteria are available online at "What's Happening in my City" at https:Hgis.ashland.or.usldevelopmentproposalsl. Copies of application materials will be provided at reasonable cost, if requested. Under extenuating circumstances, 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@ashland.or.us. Any affected property owner or resident has a right to submit written comments to planninq@ashland.or.us or to the City of Ashland Planning Division, 51 Winbum Way, Ashland, Oregon 97520 prior to 4:30 p.m. on the deadline date shown on Page 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 application which allows for a 14 day comment period. 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 Aaron Anderson at #541-652-2052, Aaron.Anderson(Dashland. or. us. C:%UsersUrapprL9ppDalaU.ncaAMicrosoRlWindoivs\[NetCachelContent.Outlook"\YQJ80X6AStraw6erry 365 TREE-2020-00124 NOC_Updated.do" TREE REMOVAL PERMIT 18.5.7.040.8 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 18.8, b. The City may require the applicant to mitigate for the removal of each hazard tree pursuant to section 18,51.050. Such mitigation requirements shall be a condition of approval of the permit. C:NLisersllrappr\AppDateEacalRYlicrosoftl',Vindo}vshNetcache\Content.Ouilook\YQJ8OX6AStmAvberry_365_TREE-2020-OD 324_NOC_Updeted.dnc Go to avery.com/templates 6 Use Avery 7emplate 5160 i 391 EOBAD5300 TREE-2020-00124 E BURTON BOB LILENNA J 187 STRAWBERRY LN ASHLAND, OR 97520 391 E08AC501 TREE-2020-00124 MOZINGO GEORGE L TRUSTEE ET A 360 STRAWBERRY LN ASHLAND, OR 97520 391 E08AC602 TREE-2020-00124 POTTS WILLIAM JIESTERLING SAR 365 STRAWBERRY LN ASHLAND, OR 97520 ' 391 EOBAC500 TREE-2020-00124 STRAWBERRY LANE MEADOWS HOMEO 838 BLACKBERRY LN ASHLAND, OR 97520 391E08AD5202 TREE-2020-00124 GILBERT ROBERT TRUSTEE ET AL CIO DONNA MOZINGO 360 STRAWBERRY LN ASHLAND, OR 97520 391 E08AC502 TREE-2020-00124 OLSON MARGARET J BROWN TRUSTE 385 STRAWBERRY LN ASHLAND, OR 97520 391 E08AC601 TREE-2020-00124 POTTS WILLIAM JOHN ET AL 365 STRAWBERRY LN ASHLAND, OR 97520 391 E08AC700 TREE-2020-00124 ZOLINE PATRICIA TRUSTEE 240 NUTLEY ST ASHLAND, OR 97520 391 E08AD5302 TREE-2020-00124 KOENIG GREGORY A TRUSTEE ET A 162 ALNUT ST ASHLAND, OR 97520 391E08DB100 TREE-2020-00124 OURSLER DAVID PAUL 252 STRAWBERRY LN ASHLAND, OR 97520 391E08DB101 TREE-2020-00124 REECK JAY BERKLEY 230 STRAWBERRY LN ASHLAND, OR 97520 TREE-2020-00124 TATE DUNN ,4521 BEAGLE RD WHITE CITY, OR 97503 365 Strawberry j NOC 10C2120 112 l Etiquettes d'adresse Easy Peel"' Allez a avery.ca/gaharits Replie7 Ala hachure a€in de reveler le rebnrd POP-1Ip' I U0icez le Gabaiit Aveiy 5160 I Planning Department, 51 Whworn Way, Ashland, Oregon 97520 C I T Y O F PFF116541-488-5305 Fax: 541-552-2050 www.ashland.or.us TTY: 1-800-735-2900 -AS H LAN D NOTICE OF APPLICATION PLANNING ACTION: TREE-2020-00124 SUBJECT PROPERTY: 365 Strawberry Lane OWNER: 'otts/Esterling APPLICANT: Table Rock Tree DESCRIPTION: A request for approval to a total of five trees at 365 Strawberry Lane. However, after reviewing the application the fifth tree, a healthy pine measuring 22-inches DBH, won't be considered at this time, and instead will be considered concurrent with a future planning action for the development of a new building. The four trees that are remaining to be considered are a dead Oak 19-inch DBH, a dying oak eight -inches DBH, dead pine 11-inches DBH, and a dead pine measuring 25-inches DBH. Dead trees are exempt from tree removal permits, so the only tree truly being applied for removal is the dying eight -inch oak. COMPREHENSIVE PLAN DESIGNATION: Rural Residential; ZONING: RR-.5, MAP: 39 1 E 08 AC; TAX LOT: 602. NOTE: The Ashland Tree Commission will review this Planning Action at an electronic public hearing on Thursday, October 8, 2020 at 6:00 PM. See page 2 of this notice for information about participating in the electronic public hearing. OVER G:lcomm-devlplanninglPtanning ActionsVPAS by Street1S15trawbeirylS[rawberry_3651TREE-2020-0012A151ra%vherry_365._'CREE-2020-0012q_IVOC.docu Tree Commission Meetings Notice is hereby given that the Tree Col,, --,fission will hold an electronic public heam.,y on the above described planning action on the meeting date and time shown on Page 1. Anyone wishing to submit written comments can do so by sending an e-mail to PC-public4estimony@ashland.or.us with the subject line "Advisory Commission Hearing Testimony" by 10:00 a.m. on Monday, October 5, 2020. If the applicant wishes to provide a rebuttal to the testimony, they can submit the rebuttal via e-mail to PC-public- testimony@ashland.or.us with the subject line "Advisory Commission Hearing Testimony" by 10:00 a.m. on Tuesday, October 6, 2020. Written testimony received by these deadlines will be available for Tree Commissioners to review before the hearing and will be included in the meeting minutes. If you wish to virtually attend or listen to the Tree Commission meetings, send an email to PC-public- testimony@ashland.or.us by 10:00 a.m. on Monday, October 5, 2020. In order to virtually attend or listen to the commission meeting, please provide the following information: 1) make the subject line of the email "Advisory Commission Participant Request", 2) include your name, 3) specify the date and commission meeting you wish to virtually attend or listen to, 4) specify if you will be participating by computer or telephone, and 5) the name you will use if participating by computer or the telephone number you will use if participating by telephone. Please note, participants that sign up to virtually attend or listen to a commission meeting will not be allowed to speak during the meeting. In compliance with the American with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Administrator's office at 541-488-6002 (TTY phone number 1-800-735-2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting. (28 CFR 35.102.-35.104 ADA Title 1). The Ashland Planning Division Staff has received a complete application for the property noted on Page 1 of this notice. Because of the COVID-19 pandemic, application materials are provided online and comments will be accepted by email. Alternative arrangements for reviewing the application or submitting comments can be made by contacting (541) 488-5305 or planning@ashland.or.us. 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.ashland.or.us/developmentproposaisl. Copies of application materials will be provided at reasonable cost, if requested. Under extenuating circumstances, 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 plan ning(a.ashland.or. us. Any affected property owner or resident has a right to submit written comments to planning c@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 application which allows for a 14 day comment period. 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 Aaron Anderson at #541-552-2052, Aaron.Anderson(a),ashland. or. us. G\canim-dev\planr ing\Planning AclionsTAs by StreetlSSStrawbeny\Stmwbeny_765\TREE-2020-00I24\Stracvberry_365 TREE-2020-00124 MCA= TREE REMOVAL PERMIT 18.5.7.040.8 Hazard Tree. A Hazard Tree Removal Permit shalt 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 (Le., 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. 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. GAcomm-dev\planningTinnning Ac6ons\PAs by StreetNSNStrawberry%Irawberry365VRE1-2020-00124\Strawberry 3653REE-2620-00124 NOC.docx 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 October 1, 20201 caused to be mailed, by regular mail, in a sealed envelope with postage fully prepaid, a copy of the attached planning action notice to each person listed on the attached mailing list at such addresses as set forth on this list under each person's name for Planning Action #TREE-2020-00124, 365 Strawberry. Signature of Employee RocumenZ 913012020 391E08AD5300 TREE-2020-00124 391E08AD5202 TREE-2020-00124 '"39JE08AD5302 TREE-2020-00124 BURTON BOB LILENNA J GILBERT ROBERT TRUSTEE ET AL K4EIVIG GREGORY A TRUSTEE ET A 187 STRAWBERRY LN CIO DONNA MOZINGO �'df2.ALNUT ST ASHLAND, OR 97520 360 STRAWBERRY LN ASHLAND, OR 97520 ASHLAND, OR 97520 391 E08AC501 TREE-2020-00124 391 E08AC502 TREE-2020-00124 391 E08DB100 TREE-2020-00124 MOZINGO GEORGE L TRUSTEE ETA OLSON MARGARET J BROWN TRUSTE OURSLER DAVID PAUL 360 STRAWBERRY LN 385 STRAWBERRY LN 252 STRAWBERRY LN ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 391 E08AC602 TREE-2020-00124 391 E08AC601 TREE-2020-00124 391 EOBDB101 TREE-2020-00124 POTTS WILLIAM JIESTERUNG SAR POTTS WILLIAM JOHN ET AL REECK JAY BERKLEY 365 STRAWBERRY LN 365 STRAWBERRY LN 230 STRAWBERRY LN ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 391 E08AC500 TREE-2020-00124 391 E08AC700 TREE-2020-00124 TREE-2020-00124 STRAWBERRY LANE MEADOWS HOMEO ZOLINE PATRICIA TRUSTEE TATE DUNN 838 BLACKBERRY LN 240 NUTLEY ST 4521 BEAGLE RD ASHLAND, OR 97520 ASHLAND, OR 97520 WHITE CITY, OR 97503 365 Strawberry NOC 1011120 12 .. °'• _ S�ra3._ ��.� _ _ ._ City of Ashland Community Development Department 51 Winburn Way Ashland, OR 97520 Telephone: 541-488-5305 Inspection Line: 541-552-2080 Plan Type: Tree Removal Work Class: Tree Removal Permit Review 2!qm�� TREE-2020-00124 pply Date: 9/9/2020 391 E08AC602 365 Strawberry Ln Fee Description: Amount: Tree RernovalNerification Fee (Type 1) $30.50 Applicant: Date: Total.i='ees $30.50 DESCRIPTION OF PROPERTY Pursuinq LEER® Cerlifcalion? © YES El Street Address ',S e, _5 f e- - v, L c,v, (- Assessor's Map No. 391 E e, -) Tax Lot(s) J o l Zoning_.. I` _. I � � Comp Plan Designation APPLICANT Name %GU '� DLA,K v Phone Address t'i Z �� L r City 04k—_ CI± .. Zip q 75 U> S PROPERTY OWNER Name Phone PJCJ 7a E-Mail Address City kl�v«.� Zip A SURVEYOR ENGINEER ARCHITECT LANDSCAPE ARCHITECT OTHER Title C+ tr rFF"V AVI�OYC jName DyL vs.,-_ Phone 5gd43%G:L E-Mai! rLr1.y7CyK''grnril, l�h Address z t r le fZL City/e Ez- C f a°I Zip Title Address Phone Cily E-Mail Zip 1 hereby certify that the statements and information contained in this application, including the enclosed drawings and the required findings of fact, are in all respects, true and correct, I understand that all property pins must be shown on the drawings and visible upon the site inspection. In the event the pins are not shown or their location found to be incorrect, the owner assumes full responsibility. I further understand that if this request is subsequently contested. the burden will be on me ro establish: 1 f that l 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 41 that all structures or improvements are property located on [lie ground, pailure 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 remo n y expense, if I have any doubts. I am advised to seek competent professional advice and Applicant's Signature pate - As o4vner of the property involved I this request, i have read and understood the complete application and its consequences to me as a property \ / Property Owner's Signature (required) pate [To bt Cy 0e1e b c -IBIS Date Received 4-U) _ Zoning Permit Typjp, Filing Fee S �v'Jta OVER 0 6wmm-&, Pi,W.,&p-Fa ", \H,.d( 1;.7unknr r'rnnf= Apr h,mwn,i '. 9/6/2020 Dear City of Ashland Planning Department, This report is in regard to the property located at 365 Strawberry Lane, Ashland, Oregon 97520. This property belongs to William Potts. The report is concerning the removal of 5 different trees on this property. The first proposed removal is a large Ponderosa Pine (Pinus ponderosa) stem, it is roughly 18' tall and is 25" DBH. The stem is completely dead due to a large failure last winter when the stem snapped. The remaining stem is located near a popular walking path that gets a large amount of pedestrian traffic and will continue to become more hazardous to people and fire conditions as it decays. This is the scenario for the other dead trees located on this property. There is a dead, uprooted Ponderosa Pine tree that is 40' long and leaning over the walking path. It is currently being held up by several oak tree branches. The tree is 11" DBH and has a high likelihood of failure. Located near this tree is a dead Black Oak tree (Quercus kelloggii). This tree is 19" DBH. Next to this tree is another Black Oak that is almost entirely dead, and beyond the point of being saved. All of these trees pose, either a fire risk, risk to the public, or both. The last tree that I am requesting permission to remove is another Ponderosa Pine. While it is a healthy tree, this property has already been surveyed and noted where the existing tree is encroaching the envelope of a proposed new building. Within the envelope of this new building, necessary excavation will have to take place, along with the removal of this tree and vegetation that are currently existing within that parameter. This is shown on the attached site plan. It is my professional recommendation that this tree be removed to make the necessary space available for safe and appropriate construction of this new building. It is also my professional recommendation that the dead trees previously listed be removed in order to prevent fire hazard and any further hazard for pedestrians. I have marked all of these trees with orange flagging for easy identification. The proposed date for these removals is Friday, November 131h. Please feel free to contact me personally with any questions or concerns involving this report or the trees that are located on this site. Sincerely, Tate Dunn Arborist Certification # PN-8062A Landscape Contracting Business License # 9475 541-890-1370 Tdunn.trock@gmail.com Table stock Tree Care, LLC. 4521 Beagle Rd. White City, OR 97503 P Bill Pots Map 91612020 Ac.6. Oak — W, 06H 1:1,128 � ©"K _ h 013 H 0 0.01 0,01 0.02 mi 7axlots 0 0.01 0.02 0.04w County p � Pt �.c � f-&,t l� 1) t� 1"f Swces: Esri. HERE, Ga mn, Wennap, hcmm al PGap., GEBCO. USGS, 11iKe rv, tKV-lore- 0� �� ; a� _ 2�� ,� 5.� Jadca<m Cou*G15