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Home My WebLink AboutSutton_578_TREE-2024-00235. .......... AS wt-iw LAN` D July 19, 2024 Notice of Final Decision On July 19, 2024, the Community Development Director approved the request for the following: Planning Action: PA -TREE -2024-00235 Subject Property: 578 Sutton Place Applicant: Canopy LLC for Palmesano Description: A request for approval to remove one native white oak tree from the property at 578 Sutton Place. The tree is 25 inches dimeter at breast height and approximately 35 feet tall with a 30 foot canopy spread. The tree is in moderate health and contains many pockets of rot throughout its crown. The tree is located within the required sidewalk development footprint. Two large statue trees are proposed to mitigate the loss of the oak. COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-1-10; MAP: 39 1E 14 AA; TAX LOT: 6015 The Community Development Director's decision becomes final and is effective on the 12" day after the Notice of Final Decision is mailed. Approval is valid for a period of 18 months and all conditions of approval identified on the attached Findings are required to be met prior to project completion. The application, all associated documents and evidence submitted, and the applicable criteria are available for review at the Ashland Community Development Department, located at 51 Winburn Way. Copies of file documents can be requested and are charged based on the City of Ashland copy fee schedule. Prior to the final decision date, anyone who was mailed this Notice of Final Decision may request a reconsideration of the action as set forth in the Ashland Land Use Ordinance (ALUO) 18.5.1.050(F) and/or file an appeal to the Ashland Planning Commission as provided in ALUO 18.5.1.050(G). The ALUO sections covering reconsideration and appeal procedures are attached. The appeal may not be made directly to the Oregon Land Use Board of Appeals. If you have any questions regarding this decision, please contact 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: 541.488.5305 Ashland, Oregon 97520 Fax: 541.5522050 oshland.cr.us TTY: 800.735.2900 WWI ASHLAND PLANNING DIVISION FINDINGS & ORDERS PLANNING ACTION: PA -TREE -2024-00235 SUBJECT PROPERTY: 578 Sutton Place OWNER / APPLICANT: Canopy LLC, agent for property owner Nick Palmesano DESCRIPTION: A request for a Tree Removal Permit to remove one native white oak tree from the property at 578 Sutton Place. The tree is 25 -inches in diameter at breast height (d.b.h.), is approximately 35 feet tall with a 30 -foot canopy spread and was identified to be preserved and protected in the original subdivision approval. The tree is in moderate health but contains many pockets of rot throughout its crown. The tree is also located within the required sidewalk footprint. Two large stature trees are proposed to be planted to mitigate the removal of the oak tree. COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-1-10; MAP: 39 IE 14 AA; TAX LOT: 6015 SUBMITTAL DATE: June 21, 2024 DEEMED COMPLETE DATE: June 26, 2024 STAFF APPROVAL DATE: July 19, 2024 DEADLINE TO APPEAL (4:30 p.m.): July 31, 2024 FINAL DECISION DATE: August 1, 2024 APPROVAL EXPIRATION DATE: February 1, 2026 DECISION The application requests a Tree Removal Permit to remove a 25 -inch d.b.h. Oak tree from the property at 578 Sutton Place. The lot and surrounding area are zoned R-1-10. The tree is larger than six inches d.b.h, and was identified to be preserved as part of the original subdivision. In planning development of the lot, the applicant team has explored meandering the required sidewalk in order to preserve the tree. However, project arborist Chistopher John of Canopy, LLC notes that while the tree is in moderate health, it was likely disturbed during the original subdivision infrastructure installation and shows signs of a large pruning cut some years ago. John notes that the proposed meandering of the sidewalk is still likely to disturb as much as 50 percent of the tree's critical root zone. John further explains that there are many pockets of rot throughout the tree's crown, and that old oaks such as this one do not respond well to construction disturbance or root loss. John concludes that even with the added expense and care necessary to meander the sidewalk and preserve the tree, it may not be sufficient. On that basis, removal is requested and mitigation with the planting of two large stature replacement trees is proposed. John concludes that this proposal is a net benefit, tree wise, as it will provide two replacement trees which can establish themselves while saving the time and expense of having to maintain and later replace the tree. A tree removal permit modifying the original Tree Protection Plan of the subdivision is regulated as a "Type I" planning action, which allows for review and a decision by staff. Notice was provided to surrounding property owners following submittal of a complete application, and staff received no input from the public during the public comment period. TREE -2024-00235 578 Sutton Pi / VA Page 1 At the July regular meeting of the Tree Management Advisory Committee (TMAC), staff presented the application. TMAC members recommended removal due to proximity to the right- of-way and applicant's intention to mitigate with native species trees that will be large stature at maturity. The criteria for a Tree Removal Permit (Not a hazard) are described in AMC Chapter 18.5.7.040.6 as follows. 2. Tree That is Not a Hazard. A Tree Removal Permit for a tree that is not a hazard shall be granted if the approval authority finds that the application meets all of the following criteria, or can be made to conform through the imposition of conditions. a. The tree is proposed for removal in order to permit the application to be consistent with other applicable Land Use Ordinance requirements and standards, including but not limited to applicable Site Development and Design Standards in part 18.4 and Physical and Environmental Constraints in part 18.3.10. b. Removal of the tree will not have a significant negative impact on erosion, soil stability, flow of surface waters, protection of adjacent trees, or existing windbreaks. c. Removal of the tree will not have a significant negative impact on the tree densities, sizes, canopies, and species diversity within 200 feet of the subject property. The City shall grant an exception to this criterion when alternatives to the tree removal have been considered and no reasonable alternative exists to allow the property to be used as permitted in the zone. d. Nothing in this section shall require that the residential density to be reduced below the permitted density allowed by the zone. In making this determination, the City may consider alternative site plans or placement of structures of alternate landscaping designs that would lessen the impact on trees, so long as the alternatives continue to comply with the other provisions of this ordinance. e. The City shall require the applicant to mitigate for the removal of each tree granted approval pursuant to section 18.5.7.050. Such mitigation requirements shall be a condition of approval of the permit. Staff finds that Planning Action #TREE -2024-00235, a request to remove a 25 -inch d.b.h. oak tree that is not a hazard in order to accommodate the development of the site as envisioned by its zoning, complies with all applicable city ordinances with the imposition of the conditions attached below. Therefore, Planning Action ##TREE -2024-0023 5 is approved. If any one or more of the following conditions are found to be invalid, for any reason whatsoever, then Planning Action #TREE -2024-0023 5 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. TREE -2024-00235 578 Sutton P11 VA Page 2 2. That two large statue trees are proposed to mitigate the loss of the oak. The mitigation trees shall be planted within one year of the tree removals and shall be irrigated. Mitigation trees must be selected from the City of Ashland Recommended Street Tree Guide. �IraAndonLMOIdZman, hector Department of Community Development July 19, 2024 Date TREE -2024-00235 578 Sutton Pi / VA Page 3 AFFIDAVIT OF MAILING STATE OF OREGON County of Jackson The undersigned being first duly sworn states that: 1. 1 am employed by the City of Ashland, 20 East Main Street, Ashland, Oregon 97520, in the Community Development Department. 2. On July 19, 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 -2024-00235, 578 Sutton Place. MichaeCSuChvan Signature of Employee G:komm-deOplanninglP9anning ActlonslMs ny StreetkWutlon P1ace4Stj ton_578lSutton Place_570_TREE-2024-00236&tcingWOOlGutbn_578_TREE-202400235_ NODAlfidavit of Maifing.docx 7AWD24 09 1 s AjaAV 1pbqeo • i • •q:a.d • - • T a • •III^I TREE-2024-00235 391 E11 DD1400 1 TREE-2024-00235 391 E11 DD1700 TREE-2024-00235 391 E11 DD1700 546 SUTTON LLC BURGESS STEVENNERA BURGESS STEVENNERA 546 SUTTON PLACE 1467 SISKIYOU BLVD PO BOX 3454 i ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 TREE-2024-00235 TREE-2024-00235 391E11DD2300 TREE-2024-00235 391E14AA6027 CANOPY LLC CHANG VICTORIBETH C COOPER MARIANA DIKEITH BRADY PO BOX 263 '519 SUTTON PL :619 SUTTON PL TALENT, OR 97540 ` ASHLAND, OR 97520 ' ASHLAND, OR 97520 TREE-2024-00235 TREE-2024-00235 391E14AA5500 TREE-2024-00235 CORONADO OSCAR COSTELLA DL FAMILY TRUST ET A CRAWFORD WAYNE TITERRY E 522 SUTTON 200 GRESHAM ST 634 SUTTON PL ASHLAND, OR 97520 ASHLAND, 0R 97520 ASHLAND, OR 97520 TREE-2024-00235 391 E14AA6026 TREE-2024-00235 TREE-2024-00235 391 E14AA6017 DELGADO SUSAN C SURVIVOR TRUS DOTTERRER DAVID EGAN ROBERT A ET AL 611 SUTTON PL 1538 SUTTON PL 594 SUTTON PL ASHLAND, OR 97520 I ASHLAND, OR 97520 1 ASHLAND, OR 97520 TREE-2024-00235 391 E14AA5700 TREE-2024-00235 391E14AA6025 3 TREE-2024-00235 391 E11 DD2100 FROSCHAUER ROBERT TRUSTEE ET 1565 ; HAYNES FAMILY TRUST ET AL I HUNTER IAN R ET AL OAK KNOLL DR 603 SUTTON PL 535 SUTTON PLACE ' ASHLAND, OR 97520 ;ASHLAND, OR 97520 ASHLAND, OR 97520 TREE-2024-00235 TREE-2024-00235 391 E14AA6016 TREE-2024-00235 391 E14AA5600 3 KIM DANIELIYOUNGHEE j KITCHELL BRIAN/KATHERINE J KLARER DEVIN ET AL 1 618 SUTTON PL 1586 SUTTON PLACE 571 OAK KNOLL DR ' ASHLAND, OR 97520 ; ASHLAND, OR 97520 1 ASHLAND, OR 97520 TREE-2024-00235 391 E14AA5300 ! TREE-2024-00235 TREE-2024-00235 391 E14AA5400 MANNING JANE FRANKLIN MCKEE ANN MCPHERSON MYER MARY GWYNETH 585 SPRING CREEK DR 626 SUTTON PL .581 SPRING CREEK DR ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 TREE-2024-00235 TREE-2024-00235 391 E11 DD2200 TREE-2024-00235 391 El4AA6028 NEWTON DAVID : NORTON FELIX HAYWOOD TRUSTEE OAKS OF ASHLAND HOMEOWNERS AS 642 SUTTON PL :527 SUTTON PL ! 5313 HIGHWAY 66 ASHLAND, OR 97520 'ASHLAND, OR 97520 ASHLAND, OR 97520 3 TREE-2024-00235 391 E14AA5800 TREE-2024-00235 391 E14AA6015 TREE-2024-00235 391 E14AA5200 OMEARA TIGHE PALMESAN0 FAMILY TRUST ET AL RICHARDSON PAUL WICHRISTINE 555 OAK KNOLL DR € 578 SUTTON PLACE 1601 SPRING CREEK DR ASHLAND, OR 97520 ASHLAND, OR 97520 'ASHLAND, OR 97520 TREE-2024-00235 391 E11 DDI 500 TREE-2024-00235 TREE-2024-00235 391 E11 DD 1900 SHEORAN MUKESHISHEETAL SIHLLING CAROLYN STEIN CANDY ET AL 554 SUTTON PL 610 SUTTON PL 551 SUTTON PL !ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 slaqej�• T w T 'atg •sajej• • • 09 1 09 t5 aany jijegeq aj zas! Mn , .. idr)- od paagaa apaGanaJ Op wee aingpeq el a zai�daa € s;ua;ed�uto •eS.�ane�:yed sjuegeb/eD 'A@n e zallv , Iaad Ase3 assaape,p sap@nbp3 TREE -2024-00235 391E11DD1800 TREE -2024-00235 391E11DD2000 THEISEN BRUCE A TRUSTEE ET AL URI LEE N/JOHNMATTHEW C 570 SUTTON PL 543 SUTTON PL ASHLAND, OR 97520 ASHLAND, OR 97520 E 578 Sutton PI NOIR 07/19/24 33 I i i TREE -2024-00235 391 E14AA6018 ZAPP STEPHEN/SUZANNE 602 SUTTON PL ASHLAND, OR 97520 i CITY OF AS 1-1 LAN NOTICE OF APPLICATION PLANNING ACTION: PA -TREE -2024-00235 SUBJECT PROPERTY: 578 Sutton Place OWNER 1 APPLICANT: Canopy LLC for Palmesano DESCRIPTION: A request for approval to remove one native white oak tree from the property at 578 Sutton Place. The tree is 25 inches dimeter at breast height and approximately 35 feet tall with a 30 foot canopy spread. The tree is in moderate health and contains many pockets of rot throughout its crown. The tree is located within the required sidewalk development footprint. Two large statue trees are proposed to mitigate the loss of the oak. COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-1-10; MAP: 3911=14 AA; TAX LOT: 6015 NOTICE OF COMPLETE APPLICATION: June 26, 2024 DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: July 11, 2024 COMMUNITY DEVELOPMENT DEPARTMENT 51 Winburn Way Tel: 541.488.5305 Ashland, Oregon 97520 Fax: 541,552.2050 ashiand onus TTY: 800,735.2900 w" r ,r � " f Y_ V f F r a � ^� t f " I .., r j m t a F, N i. i p P - i ilf ! t. Y { E _ � J r I er G 3 €^ 79 e COMMUNITY DEVELOPMENT DEPARTMENT 51 Winburn Way Tel: 541.488.5305 Ashland, Oregon 97520 Fax: 541,552.2050 ashiand onus 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/developmentproposals/. Copies of application materials will be provided at reasonable cost, if requested. Application materials may be requested to be reviewed in-person at the Ashland Community Development & Engineering Services Building, 51 Winburn Way, via a pre -arranged appointment by calling (541) 488-5305 or emailing at planning(a,ashlandoregon.gov. Any affected property owner or resident has a right to submit written comments within the 14 -day comment period to plan ningCdashlandoregon.goy or to the City of Ashland Planning Division, 51 Winburn Way, Ashland, Oregon 97520 prior to 4:30 p.m. on the deadline date shown on Page 1. Ashland Planning Division Staff determine if a land use application is complete within 30 days of submittal. Upon determination of completeness, a notice is sent to surrounding properties within 200 feet of the property submitting the application. After the comment period and not more than 45 days from the application being deemed complete, the Planning Division Staff shall make a final decision on the application. A notice of decision is mailed to the same properties within 5 days of decision. An appeal to the Planning Commission of the Planning Division Staff's decision must be made in writing to the Ashland Planning Division within 12 days from the date of the mailing of final decision. (AMC 18.5.1.050.G) The ordinance criteria applicable to this application are attached to this notice. Oregon law states that failure to raise an objection concerning this application, by letter, or failure to provide sufficient specificity to afford the decision maker an opportunity to respond to the issue, precludes your right of appeal to the Land Use Board of Appeals (LUBA) on that issue. Failure to specify which ordinance criterion the objection is based on also precludes your right of appeal to LUBA on that criterion. Failure of the applicant to raise constitutional or other issues relating to proposed conditions of approval with sufficient specificity to allow this Department to respond to the issue precludes an action for damages in circuit court. If you have questions or comments concerning this request, please feel free to contact Jennifer Chenoweth at 541-552-2045 or Jennifer.chenoweth@ashlandoregon.gov 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). 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 18A 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 Wray Tel: 541.488.5306 Ashland, Oregon 97520 Fax: 541.552.2050 Mal ashland.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 June 26, 2024 i 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 -2024-00235, 578 Sutton Place. MichaeCSuffivan Signature of Employee GAGomm-devtplanningtPianning Acdonsfts by Sireat Mutton P1aWSuWn_5781Sutton Place_578 TREE-2024-002351NoticinglSu€tan 678_TREE-2024-00235_NOC Affidavitot MW!ng.docz 0!2612024 0915 aany luegeE)al zas€110 t . do-dod pJ09aJ aj JalanaJ ap UP aany�ey e a zalldad' t t i t s;u27ed�wo�•%�ane :}ed s�RaegeF7eDICaane e zallV . Iaad Asea assajpe, p sallanbi;3 TREE -2024-00235 391 E11 DD1400 546 SUTTON LLC 546 SUTTON PLACE ASHLAND, OR 97520 TREE -2024-00235 CANOPY LLC PO BOX 263 TALENT, OR 97540 TREE -2024-00235 CORONADO OSCAR 522 SUTTON ASHLAND, OR 97520 TREE -2024-00235 391E14AA6026 DELGADO SUSAN C SURVIVOR TRUS 611 SUTTON PL ASHLAND, OR 97520 TREE -2024-00235 391 E11 DDI 700 BURGESS STEVENIVERA 1467 SISKIYOU BLVD ASHLAND, OR 97520 TREE -2024-00235 391 E11 DD2300 CHANG VICTOR/BETH C 519 SUTTON PL ASHLAND, OR 97520 TREE -2024-00235 391 £14AA5500 COSTELLA DL FAMILY TRUST ET A 200 GRESHAM ST ASHLAND, OR 97520 TREE -2024-00235 DOTTERRER DAVID 538 SUTTON PL I ASHLAND, OR 97520 TREE -202400235 391 E14AA5700 TREE -2024-00235 391 E14AA6025 FROSCHAUER ROBERT TRUSTEE ET HAYNES FAMILY TRUST ET AL 565 OAK KNOLL DR 603 SUTTON PL ASHLAND, OR 97520 ASHLAND, OR 97520 TREE -2024-00235 KIM DANIELIYOUNGHEE 618 SUTTON PL ASHLAND, OR 97520 TREE -2024-00235 391 E14AA5300 MANNING JANE FRANKLIN 585 SPRING CREEK DR ASHLAND, OR 97520 TREE -2024-00235 NEWTON DAVID 642 SUTTON PL ASHLAND, OR 97520 TREE -2024-00235 391 E14AA5800 OMEARA TIGHE 555 OAK KNOLL DR ASHLAND, OR 97520 TREE -2024-00235 391 E11 DD1500 SHEORAN MUKESHISHEETAL 554 SUTTON PL ASHLAND, OR 97520 t 0915 aleldwal AJanV an sajejdWaj/w0:)-AJane 01 OE) s TREE -2024-00235 391 E14AA6016 i KITCHELL BRIAN/KATHERINE J 586 SUTTON PLACE i ASHLAND, OR 97520 TREE -2024-00235 MCKEE ANN MCPHERSON 626 SUTTON PL ASHLAND, OR 97520 TRE£ -2024-00235 391 E11 DD2200 NORTON FELIX HAYWOOD TRUSTEE 527 SUTTON PL ASHLAND, OR 97520 TREE -2024-00235 391 El4AA6015 PALMESANO FAMILY TRUST ET AL 578 SUTTON PLACE ASHLAND, OR 97520 TREE -2024-00235 SIHLLING CAROLYN 610 SUTTON PL ASHLAND, OR 97520 TREE -2024-00235 391 E11 DD1700 BURGESS STEVEN/VERA PO BOX 3454 ASHLAND, OR 97520 TREE -2024-00235 391 E14AA6027 COOPER MARIANA DIKEITH BRADY 619 SUTTON PL ASHLAND, OR 97520 TREE -2024-00235 CRAWFORD WAYNE TJTERRY E 1634 SUTTON PL 3 ASHLAND, OR 97520 TREE -2024-00235 391 E14AA6017 EGAN ROBERT A ET AL 1 594 SUTTON PL ASHLAND, OR 97520 TREE -2024-00235 391E11DD2100 HUNTER [AN R ET AL 535 SUTTON PLACE ASHLAND, OR 97520 TREE -2024-00235 391 E14AA5600 KLARER DEVIN ET AL 571 OAK KNOLL DR ASHLAND, OR 97520 TREE -2024-00235 391E14AA5400 MYER MARY GWYNETH :581 SPRING CREEK DR ASHLAND, OR 97520 TRE£ -2024-00235 391 El4AA6028 OAKS OF ASHLAND HOMEOWNERS AS ,5313 HIGHWAY 66 ASHLAND, OR 97520 i TREE -2024-00235 391 E14AA5200 RICHARDSON PAUL WICHRISTINE 601 SPRING CREEK DR ASHLAND, OR 97520 3 TREE -2024-00235 391 E11 DDI 900 STEIN CANDY ET AL 551 SUTTON PL ',ASHLAND, OR 97520 I an-clod p 0gaa al aa19nai Op.411L aimpey el zall as SJUBjed/WO I.Jane led s}� tegp6�ea (ane e zall d , laa� �se3 assaape p sa}tanbi c TREE -2024-00235 391 E11 DD1800 TREE -2024-00235 391 E11 DD2000 TREE -2024-00235 391 E14AA6018 THEISEN BRUCE, A TRUSTEE ET AL URI LEE N/JOHNMATTHEW C ZAPI" STEPHEN/SUZANNE 570 SUTTON PL 543 SUTTON PL 602 SUTTON PL ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 i 578 Sutton PI NOC 06/26/24 33 I i 3 � I I i i I I, i I � DocuSign Envelope ID: F2471234-9DA2-4719-B249- B569A5E55 Planning Division 51 Winburn Way, Ashland. OR 97520 Phone: 541-488-5305 Fax: 541-488.6006 Entail: Planning@ashland.or.us DESCRIPTION OF PROJECT DESCRIPTION OF PROPERTY 578 Sutton Place Street Address Assessor's Map No, 39 1 E Zoning APPLICANT Name Canopy LLC Address PROPERTY OWNER Name Nick Palmesano 1775 summer Place Address ZONING PERMIT APPLICATION Tax Lot(s) Comp Plan Designation Phone 541. 631. 80p_%,I City FILE # Pursuing LEEDO Certification? ❑ YES ❑ NO cj.chrisjohn@gmail.com Zip 541.621.2185 nickpalmesano@hotmail.com Phone E -Mail Talent 97540 SURVEYOR. ENGINEER. ARCHITECT. LANDSCAPE ARCHITECT. OTHER Title Arborist Name Christopher John Address P,O, Box 263 Title Name Address City Zip Phone 5416311462 c .chrisjohn@gmail.com E -Mai City Talent Phone E -Mail City Zip 97540 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. 1 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 to establish: 1) that f produced sufficient factual evidence at the hearing to support this request - 2) that the findings of fact famished justifies the granting of the request; 3) that the findings of fact furnished by me are adequate; and further 4) that alt structures or improvements are properly located on the ground. Fal r4h0ll 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 re ov erase. If I have any doubts, I am advised to seek competent profess�n�l//��vipe2 jd wsisfance. nn�n�i�19fA�1f411f: // Applicant's Signature Date Aso64I��erty involved in this request, t have read and understood the complete application and its consequences to me as a property own r.� essalleocdcadac 6/21/2024 Property Owner's Signature (required) Date [ro be completed by City 8tA Date Received Zoning Permit Type Filing Fee $ OVER 0 Qkomm-devlplanningTorms & Handoutsl7onin8 Permit Application.doc DocuSign Envelope ID; F2471234-9DA2-4719-B249• B569ME55 ZONING PERMIT SUBMITTAL REQUIREMENTS ❑ APPLICATION FORM must be completed and signed by both applicant and property owner. ❑ PLANNING FEES FORM must be completed and signed by both applicant and property owner. ❑ FINDINGS OF FACT — Respond to the appropriate zoning requirements in the form of factual statements or findings of fact and supported by evidence. List the findings criteria and the evidence that supports it, Include information necessary to address all issues detailed in the Pre -Application Comment document. ❑ TRUE SCALE PDF DRAWINGS — Standard scale and formatted to print no larger than 11x17 inches. Include site plan, building elevations, parking and landscape details. ❑ FEE (Check, Charge or Cash) ❑ LEED® CERTIFICATION (optional) — Applicant's wishing to receive priority planning action processing shall provide the following documentation with the application demonstrating the completion of the following steps: • Hiring and retaining a LEED® Accredited Professional as part of the project team throughout design and construction of the project; and • The LEED® checklist indicating the credits that will be pursued. NOTE: • Applications are accepted on a first come, first served basis. • Applications will not be accepted without a complete application form signed by the applicant(s) AND property owner(s), all required materials and full payment. • All applications received are reviewed for completeness by staff within 30 days from application date in accordance with ORS 227.178, • The first fifteen COMPLETE applications submitted are processed at the next available Planning Commission meeting. (Planning Commission meetings include the Hearings Board, which meets at 1:30 pm, or the full Planning Commission, which meets at 7:00 pm on the second Tuesday of each month. Meetings are held at the City Council Chambers at 1175 East Main St). • A notice of the project request will be sent to neighboring properties for their comments or concerns. • If applicable, the application will also be reviewed by the Tree and/or Historic Commissions. Wcomm-dev\plamringTorms & HmdowsVZoning Permit Application.doc CANOPY LLC The Care of Trees WWW. cannpyarhnrr_ a -_._,r mg P.O. Box 263 Talent, OR 97540 (541) 631-8000 CCB 199334/LCB 190473 June21, 2024 Nick Palmesano 578 Sutton Place Ashland, OR 97520 RE.: OaIc tree in the PUE The tree in question is a native white oak, Quercus garryana. It is located in the northernmost point of the property and is in close proximity to Sutton Place. It is within the boundary of the Public Use Easement (PUH) was most like- ly identified for preservation during the original construction of the the neighborhood. This tree measures 25" D13H, is approx 35' tall with a 30' crown spread, It is of moderate health and contains many pockets of rot throughout the crown, most notably one that originated from a large pruning cut some years ago. Left undisturbed, this tree may very well survive for some years to come. As part of the development of the property for a single family dwelling, it is required that a sidewalk be installed along Sutton Place. The current proposal is to use the extent of the PUE to build a sidewalk around the southern side of the tree as opposed to the usual sidewalk placement next to the street. This is necessitated by there only being 3'10" of space between the trunk and the street. The concern is that even if using the furthest extent of the PUE, the installation of a sidewalk would still be well within the critical root zone of the tree and would most likely result in the loss of 50% or more of the tree's root sys- tem. Root loss of this amount would most likely result in the decline and possibly death of the tree. This tree most likely suffered root loss when the original neighborhood was developed, exacerbating the issue. Old oak tree such as this one typically do not respond well to construction damagehoot loss. The added expense and care taken to build the sidewalk around the tree may not be sufficient to preserve the tree. Removal at a later point would be more costly and succesional plantings would have missed out on growing years in the interim. The property owner is proposing to build the sidewalk along Sutton Place to retain continuity of green space, remove the oak tree and plant 2 large stature replacement trees in addition to landscaping the area. In my opinion, this is a proposal worth considering. It will most likely be a net benefit, tree -wise, in the long run as well as being more economically expedient. Sincerely, Christopher John Canopy LLC ISA Board Certified Master Arborist #WE -9504B M xFaown in- k r s_ a4".. 1 '. :i ars ,� PrM y rk(f a g �` roEVA �f Vow Y -{> ! 77 a.777770 -, F S Y - e gg y 1 f f l x up -