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HomeMy WebLinkAboutHillview_897_TREE-2023-00222CITY Of LA"k D January 16, 2024 Notice of Final Decision On January 16, 2024, the Community Development Director approved the request for the following: Planning Action: PA -TREE -2023-00222 Subject Property: 897 & 901 Hillview Dr, Applicant: LJ Friar & Associates for Suncrest Homes LLC Description: A request for approval to remove nine (9) trees from the vacant properties located at 897 & 901 Hillview Drive. The trees to be removed are located within the footprint of the proposed residences. Trees range in size from 5.5 inches DBH to 60 inches DBH. COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-1-7.5; ASSESSOR'S MAP #: 391E15 AC; TAX LOT: 900 & 901 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 Land Use Board of Appeals. If you have any questions regarding this decision, please contact Veronica Allen 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: 541.488.5305 Ashland, Oregon 97520 Fax: 541.552.2050 ash€and.or.us TTY: 800.735.2900 ASHLAND PLANNING DIVISION FINDINGS & ORDERS PLANNING ACTION: PA -TREE -2023-00222 SUBJECT PROPERTY: 901 & 897 Hillview Drive OWNER 1 APPLICANT: LJ Friar & Associates for Suncrest Homes LLC DESCRIPTION: A request for approval to remove 17 trees from the vacant properties located at 897 & 901 Hillview Drive. The trees to be removed are located within the footprint of the proposed residences. Trees range in size from 5.5 -inches diameter -at -breast - height (DBH) to 60 -inches DBH. COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-1-7.5; MAP: 39 1E 15 AC; TAX LOT: 900 & 901 SUBMITTAL DATE: December 5, 2023 DEEMED COMPLETE DATE: December 12, 2023 STAFF APPROVAL DATE: January 16, 2024 DEADLINE TO APPEAL (4:30 p.m.): January 28, 2024 FINAL DECISION DATE: January 29, 2024 APPROVAL EXPIRATION DATE: July 29, 2025 DECISION The application requests a Tree Removal Permit to remove seventeen (17) trees of varying size and types from the properties at 897 and 901 Hillview Drive. The properties are located to the west side of Hillview Drive, just north of the corner of Ross Lane Hillview Drive. The lot is zoned R-1-7.5 as are many immediately adjacent and surrounding properties. Because the trees are larger than six -inches DBH, not hazardous, or dead, and the property is not developed, the tree removal is regulated and is processed as a Type I pen -nit. The subject properties are generally rectangular, approximately 0. 18 acres in size; 901 Hillview also has a flagpole, though access is via the alley. The tree removals are necessary to accommodate the development of the two lots as envisioned in the Land Use Ordinance. A building permit (BD -R-2024-01065) has been submitted for review for 897 Hillview, but not 901 Hillview. Staff received no comments from the public during the public comment period. At the January regular meeting of the Tree Management Advisory Committee, staff presented the application. Committee members recommend that the tree protection zone should be in place prior to start of work as recommended by the arborist's report. The Committee did not recommend any mitigation trees due to the proposed development plans not having sufficient space for additional trees outside of those being protected. The criteria for a Tree Removal Permit (Not a hazard) are described in AMC Chapter 18.6.7.040.13 as follows: 2. Tree That is Not a Hazard. A Tree Removal Permit for a tree that is not a hazard shall TREE -2023-00222 897-901 Hillview / VA Page 1 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 -2023-00222, a request to remove seventeen (17) trees that are not a hazard, complies with all applicable city ordinances with the imposition of the conditions attached below. Therefore, Planning Action #TREE -2023-00222 is approved. If any one or more of the following conditions are found to be invalid, for any reason whatsoever, then Planning Action #TREE -2023-00222 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. A Tree Verification Permit shall be applied for and approved by the Ashland Planning Division prior to permit issuance, site work, tree removal, building demolition, and/or storage of materials. The Verification Permit is to inspect the identification of the 17 trees to be removed and the installation of tree protection fencing for trees to be preserved. Tree protection shall be chain link fencing six feet tall and installed in accordance with 18.4.5.030. No construction shall occur within the tree protection zones including dumping or storage of materials such as building supplies, soil, waste, equipment, or parked vehicles. 3. That prior to tree removal on 901 Hillview, a building permit for development of the property must be submitted. 4. That the applicant shall address the mitigation requirements of AMC 18.5.7.050 within one year of tree removal by either re -planting at a one-for-one basis on-site or off-site or TREE -2023-00222 597-901 Hiliview / VA Page 2 payment in lieu of replanting. A mitigation plan shall be provided for review and approval prior to the issuance of a building permit. � �,, & , j January 12, 2024 Brandon Goldman, Director- Date Department of Community Development TREE -2023-00222 897-901 Hillview / VA 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 January 16, 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 -2023-00222, 897 & 901 Hillview Dr. ,MichaeCSuCCiyan Signature of Employee G:tcomm-devlplani�ngTianningAcUan TAsbyStreetlHWilluewtll[I[view 69761illview_697_901 TREE-2023-00222WofcinglNODWillview_8g7 901_PA-TREE-2023-60222_NOiJ Alfidavi[oTMailing.docx 1/1612024 PA -TREE -2023-00222 391 E15AD2304 APPLEGATE RORY 940 HILLVIEW DR ASHLAND, OR 97520 PA -TREE -2023-00222 391 E15AC1700 COCHRAN BEN ET AL 942 HARMONY LN ASHLAND, OR 97520 PA -TREE -2023-00222 391E15AC2300 CURRY ROGER SCOTT 882 HARMONY LN ASHLAND, OR 97520 PA -TREE -2023-00222 391 E15AD2303 HILLENGA MARK A TRUSTEE ET AL 1480 CREEKVIEW LN SANTA CRUZ, CA 95062 PA -TREE -2023-00222 391 E15AD5000 JERALD AND LESLIE BRYAN REVOC 931 BESWICK WAY ASHLAND, OR 97520 PA -TREE -2023-00222 391E15AC2100 KNAPP MICHAEL E/PATRICIA A 902 HARMONY LN ASHLAND, OR 97520 PA -TREE -2023-00222 301E15AC1600 MAXWELL JEAN A TRUSTEE ET AL 950 HARMONY LN ASHLAND, OR 97520 PA -TREE -2023-00222 391E15AC1000 SELLMAN ROBERT W/SELLMAN CHRI 899 HILLVIEW DR ASHLAND, OR 97520 PA -TREE -2023-00222 391 El5AD2309 TAYLOR ROBERT KICRISPINO-TAYL 4041 SE GRANT CT PORTLAND, OR 97214 PA -TREE -2023-00222 391 E15AC1100 WHITE JAMES R TRUSTEE ET AL 939 HILLVIEW DR ASHLAND, OR 97520 r PA -TREE -2023-00222 391 E15AC2000 BARNES JOHN W JR/ASHA N 910 HARMONY LN ASHLAND, OR 97520 PA -TREE -2023-00222 391 E15AD2400 COOK RICHARD G TRUSTEE ET AL PO BOX 692 ASHLAND, OR 97520 PA -TREE -2023-00222 391 E15AC1400 FREY ROBERT ET AL 964 HARMONY LN ASHLAND, OR 97520 PA -TREE -2023-00222 JAMES HIBBS P.O. BOX 1947 PHOENIX, OR 97535 PA-TREE-2023-00222391E15AD2302 JOHNSON JERRY TRUSTEE ET AL 958 HILLVIEW DR ASHLAND, OR 97520 PA -TREE -2023-00222 391 E15AD5100 LIGHTHART ROGER 0 TRUSTEE ET 943 BESWICK WAY ASHLAND, OR 97520 PA -TREE -2023-00222 391E15AC1300 MOLAHAN KENNETH J TRUSTEE ET PO BOX 183 MEDFORD, OR 97501 PA -TREE -2023-00222 391 E15AC800 SMITH JON CHARLES PO BOX 802 ASHLAND, OR 97520 I PA -TREE -2023-00222 391 E15AD2300 TRACHTENBERG NEVA L BOTA 900 HILLVIEW DR ASHLAND, OR 97520 897/901 Hillview Dr. NOD 0./16/24 28 ® avery.com/tem plates i PA -TREE -2023-00222 391 E15AC1900 BROWN RYLAND A ET AL 922 HARMONY LN ASHLAND, OR 97520 PA -TREE -2023-00222 391 El5AC2200 COSTANTINO JOANNE M REV TRUST 892 HARMONY LN ASHLAND, OR 97520 PA -TREE -2023-00222 391E15AC901 HAMILTON CHARLES D ET AL PO BOX 1313 TALENT, OR 97540 PA -TREE -2023-00222 391 E15AC1200 JELINCICH KARINA 945 HILLVIEW DR ASHLAND, OR 97520 PA -TREE -2023-00222 391E15AC601 KLEINEDLER KEITH M 873 HILLVIEW DR ASHLAND, OR 97520 PA -TREE -2023-00222 391 El5AC700 MALONEY SHEA 893 HILLVIEW DR ASHLAND, OR 97520 PA -TREE -2023-00222 391E15AC1800 SELF CAROLYN F TRUSTEE ET AL 932 HARMONY LN ASHLAND, OR 97520 PA -TREE -2023-00222 391 E15AC1500 SPENCER LISA C ET AL 960 HARMONY LN ASHLAND, OR 97520 PA -TREE -2023-00222 391 El5AD2308 WELLS JOHN WESTON JR ET AL 904 HILLVIEW DR ASHLAND, OR 97520 ALANIF !-30 F=ID RENOTICE OF APPLICATION PLANNING ACTION: PA -TREE -2023-00222 SUBJECT PROPERTY: 897 & 901 Hillview Dr. OWNERIAPPLICANT: LJ Friar & Associates for Suncrest Homes LLC DESCRIPTION: This is an amendment to the Notice of Application posted on December 13, 2023. Eight (8) additional trees are requested to be removed, bringing the number of trees to be removed to seventeen (17) total trees. A request for approval to remove nine (9) trees from the vacant properties located at 897 & 901 Hillview Drive, The trees to be removed are located within the footprint of the proposed residences. Trees range in size from 5.5 inches DBH to 60 inches DBH. COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-1-7.5; ASSESSOR'S MAP* 391 E 15 AC; TAX LOT: 900 & 901 NOTICE OF COMPLETE APPLICATION: December 19, 2023 DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: January 3, 2024 is COMMUNITY DEVELOPMENT DEPARTMENT 51 Winburn Way Tel: 541.488.5305 Ashland, Oregon 97520 Fax: 541.552.2050 ashfand.or.us TTY: 800.735.2900 €J .0 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:Ngis. ash land. or. usldevelopmentproposaIsl. 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(cDashland. or. us, Any affected property owner or resident has a right to submit written comments within the 14 -day comment period to planningoashland.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 Staffs 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 feet free to contact Veronica Allen at 541-552-2042 and veronicaa.allen(Washland.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.B) Hazard Tree. A Hazard Tree Removal Permit shall be granted if the approval authority finds that the application meets all of the following criteria, or can be made to conform through the imposition of conditions, a. The applicant must demonstrate that the condition or location of the tree presents a clear public safety hazard (i.e., likely to fall and injure persons or property) or a foreseeable danger of property damage to an existing structure or facility, and such hazard or danger cannot reasonably be alleviated by treatment, relocation, or pruning. See definition of hazard tree in part 18.6. b. The City may require the applicant to mitigate for the removal of each hazard tree pursuant to section 18.5.7.050. Such mitigation requirements shall be a condition of approval of the permit. 2. Tree That is Not a Hazard. A Tree Removal Permit for a tree that is not a hazard shall be granted if the approval authority finds that the application meets all of the following criteria, or can be made to conform through the imposition of conditions. a. The tree is proposed for removal in order to permit the application to be consistent with other applicable Land Use Ordinance requirements and standards, including but not limited to applicable Site Development and Design Standards in part 18.4 and Physical and Environmental Constraints in part 18.10. b, Removal of the tree will not have a significant negative impact on erosion, soil stability, flow of surface waters, protection of adjacent trees, or existing windbreaks. G. 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, Y..-, COMMUNITY DEVELOPMENT DEPARTMENT 51 Winburn Way Tel: 541.48B.5305 Ashland, Oregon 97520 Fax: 541.552.2050 ashiand.or.us TTY: 800.735.2900 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 December 19, 2023, 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 4TREE-2023-40222, 897 & 901 Hillview Dr. 524we4& sd"u4a Signature of Employee Gramm-devWann1ngT1ann1ng Acfions�As by StreeflHWiliviewlNiilview_8971HiMew_897_901_TREE-2023.00222Wo8einglRew9ceWilMow_897_901—PA-TREE-2023-00222_Renotice NOC Affidavit of Mailing.dam 1211912023 ERY 5160 i Easy Peel' Address Labels E Go to avery.cam/templates Bend 1long line to expose Pop-up Edge c Use Avery Template 5160 E TREE -2023-00222 391 El5AD2304 APPLEGATE RORY 940 HILLVIEW DR ASHLAND, OR 97520 TREE -2023-00222 391E15AC1700 COCHRAN BEN ET AL 942 HARMONY LN ASHLAND, OR 97520 TREE -2023-00222 391E15AC2300 CURRY ROGER SCOTT 882 HARMONY LN ASHLAND, OR 97520 TREE -2023-00222 391 E15AD2303 HILLENGA MARK A TRUSTEE ET AL 1480 CREEKVIEW LN SANTA CRUZ, CA 95062 TREE -2023-00222 391 E15AD2302 JOHNSON JERRY TRUSTEE ET AL 958 HILLVIEW DR ASHLAND, OR 97520 TREE -2023-00222 391 E15AD5100 LIGHTHART ROGER 0 TRUSTEE ET 943 BESWICK WAY ASHLAND, OR 97520 TREE -2023-00222 391 E15AC1300 MOLAHAN KENNETH J TRUSTEE ET PO BOX 183 MEDFORD, OR 97501 TREE -2023-00222 391E15AC1000 SELLMAN ROBERT W/SELLMAN CHRI 899 HILLVIEW DR ASHLAND, OR 97520 TREE -2023-00222 391 El5AD2309 TAYLOR ROBERT KICRISPINO-TAYL 4041 SE GRANT CT PORTLAND, OR 97214 TREE -2023-00222 391 E15AC2000 BARNES JOHN W JRIASHA N 910 HARMONY LN ASHLAND, OR 97520 TREE -2023-00222 391 E15AD2400 COOK RICHARD G TRUSTEE ET AL PO BOX 692 ASHLAND, OR 97520 TREE -2023-00222 391 E15AC1400 FREY ROBERT ET AL 964 HARMONY LN ASHLAND, OR 97520 TREE -2023-00222 391 E15AC1200 JELINCICH KARINA 945 HILLVIEW DR ASHLAND, OR 97520 TREE -2023-00222 391 E15AC601 KLEINEDLER KEITH M 873 HILLVIEW DR ASHLAND, OR 97520 TREE -2023-00222 391 E15AC700 MALONEY SHEA 893 HILLVIEW DR ASHLAND, OR 97520 TREE -2023-00222 391 E15AD2308 SCHAEFF LINDA M TRUSTEE ET AL 904 HILLVIEW DR ASHLAND, OR 97520 TREE -2023-00222 391 El 5AC800 SMITH JON CHARLES PO BOX 802 ASHLAND, OR 97520 TREE -2023-00222 391E15AD2300 TRACHTENBERG NEVA L BOTA 900 HILLVIEW DR ASHLAND, OR 97520 TREE -2023-00222 897/ 901 Hillview Renotice NOC JAMES HIBBS 12/19/23 P.O. BOX 1947 28 PHOENIX, OR 97535 Etiquettes d'adresse Easy Peel" TREE -2023-00222 391 El5AC1900 BROWN RYLAND A ET AL 922 HARMONY LN ASHLAND, OR 97520 TREE -2023-00222 391 E15AC2200 COSTANTINO JOANNE M REV TRUST 892 HARMONY LN ASHLAND, OR 97520 TREE -2023-00222 391 E15AC901 HAMILTON CHARLES D ET AL PO BOX 1313 TALENT, OR 97540 TREE -2023-00222 391 E15AD5000 JERALD AND LESLIE BRYAN REVOC 931 BESWICK WAY ASHLAND, OR 97520 TREE -2023-00222 391 E15AC2100 KNAPP MICHAEL E/PATRICIA A 902 HARMONY LN ASHLAND, OR 97520 TREE -2023-00222 391 E15AC1600 MAXWELL JEAN A TRUSTEE ET AL 950 HARMONY LN ASHLAND, OR 97520 TREE -2023-00222 391 E15AC 1800 SELF CAROLYN F TRUSTEE ET AL 932 HARMONY LN ASHLAND, OR 97520 TREE -2023-00222 391 El5AC1500 SPENCER LISA C ET AL 960 HARMONY LN ASHLAND, OR 97520 TREE -2023-00222 391 E15AC1100 WHITE JAMES R TRUSTEE ET AL 939 HILLVIEW DR ASHLAND, OR 97520 Allez a avery.ca/aabarits ! C I T Y O F LAN D% NOTICE OF APPLICATION PLANNING ACTION: PA -TREE -2023-00222 SUBJECT PROPERTY: 897 & 901 Hillview Dr. OWNER/APPLICANT: LJ Friar & Associates for Suncrest Homes LLC DESCRIPTION: A request for approval to remove nine (9) trees from the vacant properties located at 897 & 901 Hillview Drive. The trees to be removed are located within the footprint of the proposed residences. Trees range in size from 5.5 inches DBH to 50 inches DBH. COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-1-7.5; ASSESSOR'S MAP #: 391 E15 AC; TAX LOT: 900 & 901 NOTICE OF COMPLETE APPLICATION: December 13, 2023 DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: December 27, 2023 COMMUNITY DEVELOPMENT DEPARTMENT 51 Win burn Way Tel: 547.488.5305 Ashland, Oregon 97520 Fox: 541.552.2050 ashland.or.us TTY: 800.735.2900 m� r� L m 1 i L,.v,,x N COMMUNITY DEVELOPMENT DEPARTMENT 51 Win burn Way Tel: 547.488.5305 Ashland, Oregon 97520 Fox: 541.552.2050 ashland.or.us TTY: 800.735.2900 m� CITY OF JUJI L A N 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 httos:!lais. ash land, or, usldevelopmentproposalsl. 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 emalling planning(o)ashland.or.us. Any affected property owner or resident has a right to submit written comments within the 14 -day comment period to planningp-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 an 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 Staffs 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 abjection 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. f=ailure 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 Veronica Allen at 541-552-2042 and veronica.allenOash land.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 541-488-8002 (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 18.5.7.040.8) 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 18.6. 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. Tree That is Not a Hazard. A Tree Removal Permit for a tree that is not a hazard shall be granted if the approval authority finds that the application meets all of the following criteria, or can be made to conform through the imposition of conditions. a. The tree is proposed for removal in order to permit the application to be consistent with other applicable Land Use Ordinance requirements and standards, including but not limited to applicable Site Development and Design Standards in part 18.4 and Physical and Environmental Constraints in part 18,10. b. Removal of the tree will not have a significant negative impact on erosion, soil stability, flow of surface waters, protection of adjacent trees, or existing windbreaks. C. Removal of the tree will not have a significant negative impact on the tree densities, sizes, canopies, and species diversity within 200 feet of the subject property. The City shall grant an exception to this criterion when alternatives to the tree removal have been considered and no reasonable alternative exists to allow the property to be used as permitted in the zone. d. Nothing in this section shall require that the residential density to be reduced below the permitted density allowed by the zone, In making this determination, the City may consider alternative site plans or placement of structures of alternate landscaping designs that would lessen the impact on trees, so long as the alternatives continue to comply with the other provisions of this ordinance. e. The City shall require the applicant to mitigate for the removal of each tree granted approval pursuant to section 18,5.7.050. Such mitigation requirements shall be a condition of approval of the permit. COMMUNITY DEVELOPMENT DEPARTMENT 51 Winburn Way Tel: 541.488.5305 Ashland, Oregon 97520 Fax: 541.552.2050 ashland.or.us TTY: 800.735,290(} j 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 December 13, 2023, 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 -2023-00222, 897 & 901 Hillview Dr. �e�a'a�P �dcuu2 Signature of Employee Wcomm-de0planningManning AcfionWk by StreetIHlHEI)vtowV-GMew_B9Afl lMew_897_90S TREE-2023-00222WoddnglHilvlew_897_901_PA-TREE-2023-00222_NOC AMdavitotMalling.docx 12AX023 TREE -2023-00222 391 E15AD2304 TREE -2023-00222 391 E15AC2000 TREE -2023-00222 391 E15AC1900 APPLEGATE RORY BARNES JOHN W JRIASHA N BROWN RYLAND A ET AL 940 HILLVIEW DR 910 HARMONY LN 922 HARMONY LN ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 TREE -2023-00222 391 E15AC1700 COCHRAN BEN ET AL 942 HARMONY LN ASHLAND, OR 97520 TREE -2023-00222 391E15AC2300 CURRY ROGER SCOTT 882 HARMONY LN ASHLAND, OR 97520 TREE -2023-00222 391 El5AD2303 HILLENGA MARK A TRUSTEE ET AL 1480 CREEKVIEW LN SANTA CRUZ, CA 95062 TREE -2023-00222 391 E15AD2302 JOHNSON JERRY TRUSTEE ET AL 958 HILLVIEW DR ASHLAND, OR 97520 TREE -2023-00222 391 E15AD5100 LIGHTHART ROGER 0 TRUSTEE ET 943 BESWICK WAY ASHLAND, OR 97520 TREE -2023-00222 391 E15AC1300 MOLAHAN KENNETH J TRUSTEE ET PO BOX 183 MEDFORD, OR 97501 TREE -2023-00222 391 E15AC1000 SELLMAN ROBERT W/SELLMAN CHRI 899 HILLVIEW DR ASHLAND, OR 97520 TREE -2023-00222 391E15AD2309 TAYLOR ROBERT K/CRISPINO-TAYL 4041 SE GRANT CT PORTLAND, OR 97214 TREE -2023-00222 JAMES HIBBS P.O, BOX 1947 PHOENIX, OR 97535 TREE -2023-00222 391E15AD2400 COOK RICHARD G TRUSTEE ET AL PO BOX 692 ASHLAND, OR 97520 TREE -2023-00222 391 E15AC1400 FREY ROBERT ET AL 964 HARMONY LN ASHLAND, OR 97520 TREE -2023-00222 391E15AC2200 COSTANTINO JOANNE M REV TRUST 892 HARMONY LN ASHLAND, OR 97520 TREE -2023-00222 391 E15AC901 HAMILTON CHARLES D ET AL PO BOX 1313 TALENT, OR 97540 TREE -2023-00222 391 El 5AC1200 TREE -2023-00222 391 E15AD5000 JELINCICH KARINA JERALD AND LESLIE BRYAN REVOC 945 HILLVIEW DR 931 BESWICK WAY ASHLAND, OR 97520 ASHLAND, OR 97520 TREE -2023-00222 391 E15AC601 TREE -2023-00222 391 E15AC2100 KLEINEDLER KEITH M KNAPP MICHAEL E/PATRICIA A 873 HILLVIEW DR 902 HARMONY LN ASHLAND, OR 97520 ASHLAND, OR 97520 TREE -2023-00222 391 El5AC700 TREE -2023-00222 391 E15AC1600 MALONEY SHEA MAXWELL JEAN A TRUSTEE ET AL 893 HILLVIEW DR 950 HARMONY LN ASHLAND, OR 97520 ASHLAND, OR 97520 TREE -2023-00222 391 E15AD2308 SCHAEFF LINDA M TRUSTEE ET AL 904 HILLVIEW DR ASHLAND, OR 97520 TREE -2023-00222 391E15AC1800 SELF CAROLYN F TRUSTEE ET AL 932 HARMONY LN ASHLAND, OR 97520 TREE -2023-00222 391E15AC800 TREE -2023-00222 391 E15AC1500 SMITH JON CHARLES SPENCER LISA C ET AL PO BOX 802 960 HARMONY LN ASHLAND, OR 97520 ASHLAND, OR 97520 TREE -2023-00222 391E15AD2300 TRACHTENBERG NEVA LBOTA 900 HILLVIEW DR ASHLAND, OR 97520 897/ 901 Hillview NDC 12/13/23 0 TREE -2023-00222 391 El5AC1100 WHITE JAMES R TRUSTEE ET AL 939 HILLVIEW DR ASHLAND, OR 97520 cr- bkkj Co 6t 11\x ail 6-y c DESCRIPTION OF PROPERTY Pursuing LEE©® Certification? ❑ YES ® NO Street Address 897 Hillview Dr Assessor's Map No. 391 E 15AC Zoning R-1-7.5 APPLICANT Name Charlie Hamilton Address PO Box 1313 PROPERTY OWNER Name Charlie Hamilton Address PO Box 1313 Tax Lot(s) Comp Plan Designation M Phone 5419443976 E-mail charliehamilton2277@gmail.com city Talent Zip 97540 Phone 5419443976 E -Mail charliehamilton2277@gmaii.com City Talent SURVEYOR, ENGINEER, ARCHITECT, LANDSCAPE ARCHITECT, OTHER Title Consulting Land Suveyor Name James Hibbs phone 5417722782 Address P.O. Box 1947 Title Name Address 97540 E -Mail Iltriarandassociates@charter.net City Phoenix Phone E -Mail City Zip 97535 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, 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 fult responsibility. t further understand that if this request is subsequently contested, the burden will be on me to establish: 1) that I 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 remove my expense, If I have any doubts, t am advised to seek competent professional advice and assistance. " ~ _ 1211123 Applicant's Signature Date As owner of the property involved in this request, l have read and understood the complete application and its consequences to me as a property owner. �-~-- 12{1123 Property Owner's Signature (required) Date fro he completed by Ciiy srai� Date Received Zoning Permit Type Filing Fee $ . OVER ►► G:komm-dcyWanniny%ru ms & HandoulslZoning Permit Applicadon.doc 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 Past 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. GALomm-dev%p]anning\rorms & Handouts\Zoniog Pemiit Applicstion,doc From., Charlie Hamilton To: Kasey Hamilton Cc:lap nninq Subject: Re: 897 Hillview - Tree Removal Application Date- Tuesday, December 03, 2023 9:18:20 AM [EXTERNAL SENDER] One note on the 897 Hillview tree removal application. #8 A plum tree was removed by the electric department. Assuming it was interfering with the power line, they also radically trimmed #5 a large pine to be saved. Thanks, Charlie Hamilton On Mon, Dec 4, 2023 at 3:11 PM Kasey Hamilton<kasey.suncresthomesn,gmail.com> wrote: Hello! This is Kasey from Suncrest Homes. We would like to submit the application attached for tree removal on the property 897 Hillview. Attached below we have included the zoning application, the original tree protection plan, and tree inventory that was submitted when this lot was split a little over a year ago. We have also included the site plan for a home to be built that shows the trees to be removed. Also attached is the original tentative plat that shows tree locations and corresponding numbers. All trees to be removed have been ribboned on site, and protected trees have been fenced off. Please review and let us know if you have any questions or need any additional information. Thank you so much! Charlie Hamilton Suncrest Homes (541) 944-3976 Tree inventory Date: April 12, 2022 897 Hillview Drive, Ashland Tree # Species DBH (inches) Health Notes/Recommendations 1 Spruce Picea spp 16.5 Poor Remove, Has been topped. Higher fire danger. 2 Douglas fir Pseudotsuga menziesrr 29 Good Protect. Prune to remove lower deadwood. 3 Magnolia Magnolia grandiflora 12 Good Protect 4 Ponderosa pine Pinus ponderusa 31 Good Remove. Dripline and critical root zone within building footprint. 5 Pine Pinus spp 34 Moderate ! Protect. Prune to raise dripline. 6 Red maple Acer rubra 6,5 Poor Remove. Within building footprint. 1 I � >J 7 ; Birch Betula pendula 9 Moderate Remove. Within building footprint. _... 8 _ Plum Prunus cerasifera 11 Poor Remove. Poor health and structure. 9 Plum Prunus cerasifera 9 Moderate Remove. Within building footprint. 10 Birch Befula pendula 5.5 Moderate Remove. Within building footprint. t/ 11 Hawthorne Crataegus spp 6 Good Remove. 12 Incense cedar Calocedrus decurrens 8 Good Remove. Proximity to existing home/fire fuels. 13 Walnut Jugfans nigra 20 Good € Protect. Neighbor's tree. 14 Apple Malus spp 8 Moderated Remove. Within building footprint. 15 Willow Salix spp 60 Poor Remove. Within building footprint. Poor health. 16 Mountain ash Sorbus aucuparia 9 Good . Remove. Within building footprint. 17 Birch Betula pendula 7.5 Dead Remove 18 Aspen Populus tremuloides 14 Good Protect 19 _. Italian cypress _. .. Cupressus sempervimns 6.5 Goad Remove. Fire hazard. 20 Aspen Populus tremuloides 12.5/12.5/12:5 Good Protect 21 Aspen Populus tremuloides 15 Good Protect 22 i Italian cypress 1 Cupressus semporvirens 6.5 Good Remove. Fire hazard. 23 Italian cypress Cupressus sempervirens 6.5 Good Remove. Fire hazard. 24 i Italian cypress Cupressus sempervirens 6.5 Good Remove. Fire hazard. 25 Aspen Populus tremuloldes a Good i Protect 26 Aspen Populus tremuloides 6 Good > Protect 27 Aspen Populus tremuloldes 8 Good Protect 28 Aspen Populus tremuloldes 8 Good I Protect 29 incense cedar Calocedrus decurrens 11 Good Remove, Within building footprint. 30 I Aspen Populus tremuloldes 12 Good Remove: Within building footprint. 31 Aspen Populus tremuloldes 15 Good Remove, Within building footprint. 32 Ponderosa pine Plnuspondemsa 8 Good I Remove. Within building footprint. 33 _.. Walnut Juglans nigra { 12 Dead Remove 34 Aspen Populus tremuloides 6 Good Protect 35 I Aspen Populus tremuloldes G Good Protect 36 Aspen [ Populus tremuloides 6 Good Protect 37 Aspen Populus tremuloides 6 Good I Protect 38 Spruce Picea spp 16.5 Poor Remove. Poor health. Fire fuels. 39 Aspen Populus tremuloldes 6 Moderate 1 Remove 1 CANOPY r.l-c The Core of Trees canopyarborcare.cam P.O. Bax 3511 Ashland, OR 97520 (541) 631-8000 CCB 199334 April 12, 2022 City of Ashland Planning 5I Winburn Way Ashland, OR 97520 RE: Tree protection plan For 897 Hillview The following are guidelines recommended for the protection of the trees at 897 during any construction or other planned site changes. These guidelines are to be used in concert with the prepared tree inventory and site plan which designates the approximate location of tree protection zones. Tree Protection Zone (TPZ): it is recommended that a tree protection zone be established around the root zone of these trees before any construction, excavation, land clearing, or grading begins. This zone should be established with temporary 6' tall fencing and remain in place through project completion. This protection zone should be established at least at the furthest extent of the dripline of these trees. Where applicable, such as with closely growing groups of trees, this protection zone can be modified to encompass the entire group as opposed to fencing each individual tree. Soil Compaction: To avoid soil compaction, heavy materials should not be stored, vehicles maneuvered or parked, grade changed, or paved surfaces constructed within the TPZ. If for construction ease, it is necessary for vehicles or machinery to access the area, a layer of mulch (6"-12" deep) should be applied for vehicles to drive on. This mulch layer should be reduced to a depth of 3"-4" upon project completion. Tree Care: If machinery needs to operate within the TPZ, steps should be taken to protect the tree trunk from injury. If injury should occur to any tree during construction, it should be inspected by an arborist or landscape professional for evaluation and treatment recommendations. Tree pruning required during construction should be performed by a qualified arborist and not by construction personnel. Root Protection: If excavation is necessary at or near the tree protection area, avoid cutting roots over I "diameter where possible. If roots are severed, it is recornmended that they be cut "cleanly" with a saw or bypass pruners at a 90 degree angle (as opposed to being left "torn" by machinery). Pruned roots should not be left exposed for extended periods of time. Cover exposed roots with moist soil after pruning. Ii'pruning of roots over 2" diameter are encountered near the TPZ, consultation with an arborist is advised. If excavation or trenching needs to occur in the protection area, it is recommended that you contact an arborist for additional evaluation and options. Water: If construction is occurring during the driest months of lune thru September, it is recommended that the trees receive a deep watering throughout their root zone 3-4x per month. Water should permeate to a depth of 30". A layer of mulch can be of great benefit before, during, and after construction. It is suggested that a 3"-4" layer of mulch be added to the root zone of each tree. Feel free to get ill tOLlCh if there are any questions. Christopher John Canopy LLC ISA Board Certified Master Arborist AWE -9504B -4 74.9 f t5UlLUJNb ENVELOPE SETBACK M-4' 0 m E; - - -- ---------- m C? rn C') rn M Ci C? m co m C? m m Al in niNr ENVELOPE SET BACK 15" c m FRONT SET PROT CTE TREE{ NO HILLVIEW DRIVE ---/ --------------- R $ at Ci R up 3� yy 43 $ ii h � �E f i �aU moi _i rz �y zmw }m tnati-tj 3h d M31A'l N O In 4029 £6 005 enwN a ¢ �mirm a swT fIf n 1 f 6 �1 I n �l hW 9 xxy gph s P iov�?Y5l�� w k3TV Q �t �