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HomeMy WebLinkAboutClay_321_PA-APPEAL-2023-00018 Planning CommissionMinutes Note: Anyone wishing to speak at any Planning Commission meeting is encouraged to do so. If you wish to speak, please rise and, after you have been recognized by the Chair, give your name and complete address for the record. You will then be allowed to speak. Please note the public testimony may be limited by the Chair. October 8, 2024 REGULAR MEETING Minutes I.CALL TO ORDER: Chair Verner called the meeting to order at 7:00 p.m. at the Civic Center Council Chambers, 1175 E. Main Street. Councilor Hyatt attended the meeting via Zoom. Commissioners Present: Staff Present: Lisa Verner Brandon Goldman, Community Development Director Doug Knauer Aaron Anderson, Senior Planner Susan MacCracken Jain Michael Sullivan, Executive Assistant Eric Herron Russell Phillips Absent Members: Council Liaison: Kerry KenCairn Paula Hyatt Gregory Perkinson II.ANNOUNCEMENTS Community Development Director Brandon Goldman made the following announcements: The City will be hosting an Open House on October 9, 2024 regarding the 2200 Ashland Street Masterplan. It will be held from 5:30-7:30 p.m. at the Rogue Valley Unitarian Universalist Fellowship Church at 87 Fourth Street. At the Commission’s October 22, 2024 Study Session 3J Consultants will offer a presentation on their progress regarding Climate Friendly Areas (CFAs), which included a code audit. The Commission will have its annual retreat on November 7, 2024 from 12:00-4:00 p.m. They will visit manufactured homes parks, as well as other sites around the valley. The City has rented a van for this purpose. III.CONSENT AGENDA 1.Approval of Minutes a.August 13, 2024 Regular Meeting b.August 27, 2024 Study Session c.September 10, 2024 Regular Meeting Commissioners Knauer/Herron m/s to approve the consent agenda as presented. Voice Vote: All Page 1 of 8 In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please email planning@ashland.or.us. 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). Planning CommissionMinutes AYES. Motion passed 5-0. IV.PUBLIC FORUM – None V.UNFINISHED BUSINESS A. Approval of Findings PA-T2-2024-00049, 2308 Ashland Street Ex Parte Contact Commissioners Phillips and Herron disclosed site visits. No ex parte contact was disclosed. Deliberation and Decision Commissioners Phillips/Herron m/s to approve the Findings as presented. Commissioner MacCracken Jain abstained due to her absence from the September 10, 2024 meeting. Roll Call Vote: All AYES. Motion passed 4-0. VI.TYPE I PUBLIC HEARING A. PLANNING ACTION: PA-T1-2024-00245 SUBJECT PROPERTY: 329 Granite Street OWNER/APPLICANT: Jovick for Clarke DESCRIPTION: An application for a modification to the previously approved planning action PA-T2-2022-00036. The modification is a request to modify a portion of retaining near the garage into a split wall design. The application also addresses grading and a small third wall at the first turn in the drive. COMPREHENSIVE PLAN DESIGNATION: Woodland / LDR; ZONING: WR / RR-.5; MAP: 39 1E 08 EE; TAX LOT: 704 Ex Parte Contact Commissioners Knauer and Verner disclosed site visits. Commissioner Herron stated that he visited the site with the rest of the Commission during its 2022 annual retreat. No ex parte contact was disclosed. Staff Presentation Mr. Goldman provided a brief history on the development of the site, and explained that the current application had been submitted as a Type I planning action, which are typically reviewed at the staff level, but that staff determined that a review by the Commission was warranted due to a number of smaller changes that had been made to the original application since it was approved in March of 2022. He stated that the request is for a minor change to improve maneuverability and safety of the Page 2 of 8 In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please email planning@ashland.or.us. 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). Planning CommissionMinutes driveway without any greater impact on the natural features on the property. He added that the original application requested exceptions to existing standards due to the difficulty in developing the site, and that a potential approval by the Commission of the current application would not necessarily constitute a precedent for future developments. Senior Planner Aaron Anderson described the difficulty in developing the subject site, pointing to its severely constrained slopes. He provided a brief history of changes to the application that had been approved by staff, which began in August, 2022 with a request to remove three additional trees and culminating with the current proposal (see attachment #1). He displayed several aerial photos and plans of the site and described how the proposal would effectively combine two retaining walls, creating additional turnaround space at the top of the driveway near the dwelling. He noted that the gradient between the driveway and the house would be unchanged from the original application. Questions of Staff Commissioner Phillips asked if combining the retaining walls would require them to be reengineered. Mr. Anderson responded that they would likely require minor changes and that the applicant had been working with their project engineer to address any necessary changes. Commissioner Herron asked what the elevation of the two combined retaining walls would be, to which Mr. Anderson responded that they would come to approximately 11ft. Commissioner MacCracken Jain noted that drainage considerations had not been addressed in the current proposal. Mr. Anderson responded that all drainage is provided by the engineer and is required for all retaining walls to prevent collapse. Commissioner MacCracken Jain asked if the driveway would accommodate ambulance access, to which Mr. Anderson responded that it would. Commissioner Phillips asked if a guardrail would be installed at the top of the retaining wall. Mr. Anderson responded that no guard rail was included in the renderings but that the applicant could speak to that. Applicant Presentation Chris Hearn represented the applicants as their attorney, reiterating that the proposal is a request was for a minor modification to an approved plan and would not create any visual difference when viewing the property from the surrounding area. He stated that the changes would also create a greater safety consideration, including access to the site in the case of a wildfire. Questions of the Applicant Commissioner MacCracken Jain expressed concern that these changes had not been considered before. Mr. Hearn stated that the difficulty in developing the site made these design changes necessary. Page 3 of 8 In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please email planning@ashland.or.us. 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). Planning CommissionMinutes Chair Verner closed the Public Hearing and Public Record at 7:26 p.m. Deliberation and Decision Commissioner Knauer pointed to the difficulty in developing the site and stated that the changes made sense to provide greater safety and access. Commissioner Phillips noted the height of the proposed retaining wall and suggested that a guard rail be installed. Commissioner MacCracken Jain asked if guard rails are required. Mr. Goldman responded that rails are not required by planning code but that the Commission could make the addition of a rail to delineate the edge a condition of approval. Commissioner Herron pointed out that Building code may require the installation of a safety rail. Commissioner Knauer/MacCracken Jain m/s to approve the application with the added condition that the installation of a rail be investigated, if not already planned, for the protection of residents and automobile drivers by creating a clearly delineated edge. Roll Call Vote: All AYES. Motion passed 5-0. VII.TYPE II PUBLIC HEARING - CONTINUED A.PLANNING ACTION: PA-T2-2024-00050 SUBJECT PROPERTY: 113 Pine St. APPLICANT & OWNER: Rogue Development for Charlie Hamilton DESCRIPTION: A request for concurrent Outline and Final Plan approval of four- lot, Performance Standards Option (PSO) subdivision. The proposal includes three proposed residential lots and a common area lot. The application includes a request for an exception to street standards to not install park row and to retain the existing frontage improvements. The application also includes a request to remove a total of seventeen trees, five of which are ‘significant’. COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-1-7.5; MAP: 39-1E-08-AD; TAX LOT: 2600 Chair Verner stated that this item was continued from the September 10, 2024 Planning Commission meeting, where the Public Hearing was closed and the Public Record was left open to allow time for parties of record to provide additional evidence and public comments. Ex Parte Contact No ex parte contact was disclosed. Commissioner Phillips was absent from the September 10, 2024 meeting but reviewed the recording and minutes prior to tonight’s meeting in order to participate in the proceedings. Page 4 of 8 In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please email planning@ashland.or.us. 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). Planning CommissionMinutes Staff Presentation Mr. Anderson recounted how the record was left open until September 17, 2024 to allow parties of record to submit additional comments or evidence into the record, after which the applicant had until September 24, 2024 for rebuttal and until October 1, 2024 to submit any final arguments (see attachment #2). Mr. Anderson noted that staff received a public comment from “Farmer James,” though he is not believed to be a party of record. His comments were included in the packet as due diligence and the Commission can determine if they should be included in the record. Mr. Anderson stated that staff had revised conditions of approval #2 and #4 for the Commission’s consideration: Condition #2: That the building envelope on lot three be modified to protect the Critical Root Zone of Trees #2386 (15” Walnut) and #2361 (16” Oak) and that the revised plan be submitted prior to any site work. Condition #4: That any excavation within the critical root zones (CRZ) of trees #2339 #2421, #2439 and #2443, be supervised by the project arborist. Should impacted trees tree die within a two years following excavation activities, as a direct result of such disturbance, that the trees will be removed and replaced at the applicants cost in coordination with the affected property owner. Mr. Anderson stated that staff added the following potential conditions of approval to the staff report for the Commission’s consideration following the September 10 meeting: th 5) That the screening for the flag drive, as required by AMC 18.5.3.060.N, shall be provided or maintained along the northern and southern property lines of the parent parcel to screen the drive from adjacent properties, but driveway screening within the subdivision is not required. 6) That a seven-foot-wide strip of right-of-way along Pine Street shall be dedicated, as shown on the preliminary subdivision plat, to incorporate the existing sidewalk within the public street right-of-way. 7) That the fire truck turnaround located at the southern property line terminus of the driveway in Lot 2 shall be limited in length to the minimum necessary to accommodate a fire truck turnaround or staging area, as required by Ashland Fire and Rescue. 8) That if the decision of the Planning Commission is to remove the open space lot from the subdivision that the following three conditions of approval be added: a. That the Common Open Space lot shall be eliminated, and the designated area shall be incorporated into Lots 2 and 3. A conservation and reciprocal access Page 5 of 8 In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please email planning@ashland.or.us. 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). Planning CommissionMinutes easement shall be established and shown on the Final Survey, covering the proposed open space area and all lands with slopes exceeding 35%. This easement shall restrict development in the designated area and be maintained in perpetuity for conservation purposes b. That a private maintenance agreement be created to ensure continued maintenance of the private drive, all storm drain infrastructure, and conservation area in equal parts c. That each of the lots be limited to a Maximum Permitted Floor Area (MPFA) as proposed by the applicant with the open space lot as follows: i. Lot 1: 9291 x 0.75 x 0.38 = 2,648 square feet. ii. Lot 2: 10705 x 0.68 x 0.38 = 2,766 square feet. iii. Lot 3: 10,587 x 0.65 x 0.38 = 2,735 square feet. Questions of Staff Commissioner Knauer asked if the area of the property that is considered unbuildable space was included when calculating lot coverage. Mr. Anderson responded that the Maximum Permitted Floor Area (MPFA) is used for residential use as measured from the exterior surface of each floor of the building. Mr. Goldman added that MPFA only applies within the City’s historic districts to ensure that new developments are commensurate with existing dwellings. Commissioner MacCracken Jain asked if the revised conditions of approval addressed Peter Nystrom’s concerns regarding a tree on his property, which is adjacent to the subject lot. Mr. Anderson responded that it was included, but noted that this concern was raised by Anne Schreiber on behalf of Mr. Nystrom as he was not a party of record. Deliberation and Decision Chair Verner proposed the following changes to staff’s conditions of approval: 4) That any excavation within the critical root zones (CRZ) of trees #2339 #2421, #2439 and #2443, be supervised by the project arborist. Should any of these impacted trees tree die within two years following excavation activities, as a direct result of such disturbance, that the trees will be removed and replaced at the applicants cost in coordination with the affected property owner. 7) That the fire truck turnaround located at the southern property line terminus of the driveway in Lot 2 shall be shortened and limited in length to the minimum necessary to accommodate a fire truck turnaround or staging area, as required by Ashland Fire and Rescue. 8) The if the decision of the Planning Commission is to remove the open space lot from the Page 6 of 8 In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please email planning@ashland.or.us. 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). Planning CommissionMinutes subdivision that the following three conditions of approval be added: That the Common Open Space lot shall be eliminated, and the designated area shall be incorporated into Lots 2 and 3. A conservation and reciprocal access easement shall be established and shown on the Final Survey, covering the proposed open space area and all lands with slopes exceeding 35%. This easement shall restrict development in the designated area and be maintained in perpetuity for conservation purposes. 9) That a private maintenance agreement between the three lots be created to ensure continued maintenance of the private drive, all storm drain infrastructure, and conservation area in equal parts. 10) That each of the lots be limited to a Maximum Permitted Floor Area (MPFA) as proposed by the applicant with the open space lot follows: i.Lot 1: 9291 x 0.75 x 0.38 = 2,648 square feet. ii.Lot 2: 10705 x 0.68 x 0.38 = 2,766 square feet. iii.Lot 3: 10,587 x 0.65 x 0.38 = 2,735 square feet. Regarding condition #4, Commissioner MacCracken Jain asked if the code specifies how any damaged trees would be replaced with. Mr. Goldman responded that applicant would have to replace any trees damaged by the development, but would need to do so in coordination with the neighbor whose tree was damaged. So the neighbor could choose to not have the tree replaced. If they did want any trees replaced they would contact the City’s Planning Department to invoke the condition. Commissioner MacCracken Jain asked if there is a size requirement for the replacement tree. Mr. Goldman responded that the standards call for a 2inch caliper tree at breast height to be planted as mitigation when a tree is removed. Commissioner Herron pointed out that two public comments received from property owners adjacent to the subject property emphasized the need to retain the subject property as open wildlife space, while their properties had 6ft high fences that kept wildlife out. He mentioned that denying this project would prohibit more people from experiencing the area’s natural amenities, which a resident stated was one of the benefits of the neighborhood. He pointed out that the Council and Commission have encouraged greater density in the City, which this project would provide. Commissioner Knauer requested clarification on the applicant’s request for an exception to sidewalk standards. Mr. Anderson responded that the exception would allow for the continuous curbline to not be disturbed and allow the existing sidewalk to be retained and dedicating it as public right-of-way (ROW). Commissioner Knauer suggested that a condition be included requiring that an existing, protruding rosemary bush be removed for a safe and walkable sidewalk. Chair Verner suggested that the dedication of a 7ft-wide strip of ROW along Pine Street be included in Condition #6, and a new condition be added requiring the sidewalk to be maintained as safe and freely walkable. Page 7 of 8 In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please email planning@ashland.or.us. 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). Planning CommissionMinutes Commissioners MacCracken Jain/Herron m/s to approve the application with the revised conditions presented by staff with the amendments suggested by Chair Verner, including the changes to Condition #6 and the added condition of maintaining the sidewalk in a safe and walkable state. Roll Call Vote: All AYES. Motion passed 5-0. V.OPEN DISCUSSION Chair Verner reminded the Commission that its annual retreat will take place on November 7, 2024, and will begin at the Phoodery in Phoenix before moving on to site visits. The Commission agreed to utilize a van for the afternoon. Commissioner MacCracken Jain commented that the reference to the occupations of the owners of 329 Granite Street during the applicant’s presentation was spurious or irrelevant to the discussion. There was general agreement from the rest of the Commission. Commissioner Herron suggested that the Commission discuss the allowances and criteria for the general public to request the record be left open. Mr. Goldman pointed out that state law requires the City to leave the record open if requested by a party of record, and is typically done by closing the Public Hearing but leaving the Public Record open for seven days for additional comments to be submitted. Commissioner Phillips asked if meetings could be continued to the Commission’s Study Sessions instead of the next Regular Meeting for the sake of expediency. Mr. Goldman responded that this could be done. Regarding the public comment received from “Farmer James,” Commissioner MacCracken Jain asked if those submitting public comments are prohibited from anonymity. Mr. Goldman responded that anyone submitting a public comment is required to provide their name. The Commission agreed that hi public comment should be dismissed as irrelevant. The Commission discussed bringing findings for 113 Pine Street to the October 22, 2024 Commission Study Session in the form of a Special Meeting. Mr. Goldman remarked that this could be possible and that he would discuss it with the Planning Manager. ADJOURNMENT Meeting adjourned at 8:06 p.m. Submitted by, Michael Sullivan, Executive Assistant Page 8 of 8 In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please email planning@ashland.or.us. 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). ASHLAND PLANNING DEPARTMENT STAFF REPORT October 10, 2023 PLANNING ACTION: PA-APPEAL-2023-00018 appealing PA-TREE-2023-00210 OWNER/APPLICANT: Jenny Osburne APPELLANT: Albert Pepe LOCATION: 321 Clay Street #19 39-1E-11-C Tax Lot 3000 ZONE DESIGNATION: R-2 COMP. PLAN DESIGNATION: Multi Family Residential ORDINANCE REFERENCES: 18.2.5 Standards for Residential Zones 18.5.1 General Review Procedures 18.5.7 Tree Removal Permits 18.6.1 Definitions SUBMITTAL DATE: July 5, 2023 DEEMED COMPLETE DATE: July 18, 2023 STAFF APPROVAL DATE: August 11, 2023 APPEALED: August 23, 2023 120-DAY DEADLINE: December 22, 2023 REQUEST: An appeal of the administrative approval of Planning Action PA-TREE-2023- 00210, to remove a weeping willow tree in the Wingspread Mobile Home Park at space #19. I.Relevant Facts The application that is being appealed was submitted on July 5, 2023, was deemed complete on July 18, 2023, and was approved on August 11, 2023. A Notice of Decision was mailed the same day. The deadline to appeal was August 23, 2023, and on that same day a Notice of Land Use Appeal was timely filed by Albert Pepe. Property Description The subject property is 20.37 acres and zoned R-2, a Multi-Family Residential zone. According to Jackson County records the property has been developed as a mobile home park since at least 1973 (per City records) and is accessed from Clay Street. Proposal The application is a request for a Tree Removal Permit to remove four trees from several residences at Wingspread Mobile Home Park. The application was prepared by a certified arborist. The only tree concerned with this appeal is a weeping willow located behind Planning Action Appeal 2023-00018 / PA-TREE-2023-00210 Ashland Planning Department Staff Report/jnc Applicant: Jenny Osburne / Appellant: Albert Pepe October 10, 2023 - Page 1 of 5 space #19. The willow tree is 47-inches diameter at breast height (DBH). The a report states that the tree is nearing the end of its lifespan and is declining in health and vigor. There are several large dead leaders and branches that range from 6-inches to 12- inches in diameter and are roughly 100 to 400 pounds. Some branch failures have already caused minor property damage in this area. The arborist indicates that many of the existing branches are likely to fail within the next several years. II. Staff review and approval of PA-TREE-2023-00210 As mentioned at the outset, the proposal is a request for tree removal from several locations in the Wingspread Mobile Home Park. However, the appeal is limited to the approval to remove the weeping willow at space #19. The application includes an arborist report recommending removal of all four trees. In addition, the application was reviewed during the regular August 2023 meeting of the City of Ashland Tree Management Advisory Committee (MAC). Staff presented the application and provided an overview of the project request. In addition to reviewing the application, public comments were considered. The discussion mainly involved the weeping willow tree. Tree MAC committee members acknowledged that the willow tree is old and in decline. There was discussion of whether the hazard could be mitigated through pruning alone. Ultimately, the Tree MAC determined that to address the hazard adequately more than 40 percent of the existing tree canopy would need to be pruned away. In addition, aggressive pruning would require continued maintenance on a two-to- three-year cycle. All members of the Tree MAC were sympathetic to those who raised concerns about the removal of the old willow tree. However, when considering the totality of the application including the liability associated with denying the removal of a hazard tree, the consensus was to recommend removal of all identified hazard trees based on the professional opinion of the project arborist. Staff carefully considered the proposal and found that it meets all the relevant approval criteria as outlined below. As staff understands the proposal, all four trees including the willow tree will be completely removed. To mitigate the loss of the four trees, two trees for every one tree removed (eight trees in total) will be planted within one year of tree removal. Tree species, including type and size at maturity and locations near the residential area will be considered. Newly planted trees will be maintained and regularly irrigated, especially during the driest months, for at least the first three to five growing seasons. Approval Criteria The approval criteria for a Tree Removal Permit are described in Ashland Municipal Code (AMC) 18.5.7.040.B. A Hazard Tree Removal Permit shall be granted if it is found that the application meets all of the criteria or if the proposal can be made to conform through the imposition of conditions. The criteria of approval for hazard trees are: 1). 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 Planning Action Appeal 2023-00018 / PA-TREE-2023-00210 Ashland Planning Department Staff Report/jnc Applicant: Jenny Osburne / Appellant: Albert Pepe October 10, 2023 - Page 2 of 5 structure or facility, and such hazard or danger cannot reasonably be alleviated by 2). The city may require the applicant to mitigate for the removal of each hazard tree. Such mitigation requirements shall be a condition of approval of the permit. Further, the definition of hazard tree as defined in AMC 18.6.1.030, is a tree that is physically damaged to the degree that it is clear the tree is likely to fall and injure persons or property. A hazard tree may also include a tree that is located within a public right of way and is causing damage to existing public or private facilities or services and such facilities or services cannot be relocated. The project arborist determined that all trees in this proposal met the definition of a hazard tree and recommended removal, and this determination was supported by the Tree MAC. In approving the request, staff found that the proposal complied with the applicable approval criteria, with the implementation of the conditions attached. Public Input Notice of the planning action was mailed to all properties within 200 feet of the subject property, and a physical notice was posted along the frontage of the property. The notice included a staff contact name and number. In accordance with AMC 18.5.1.050, the Type I procedure for planning applications allows a 14-day period for the submission of written comments starting from the date of mailing. Three written comments were received from the public: two comments requesting that the weeping willow tree in space #19 be retained and pruned rather than removed; and the third comment is in favor of removal of the cottonwood tree in space F. One phone call was received on July 17, 2023, by resident of space #19, who submitted one of the written comments, regarding concerns for removal of the weeping willow. In considering the public comments, staff notes that the proposal meets all the required approval criteria, and that none of the objections raised in the public comments provided a basis denial of the application based on the relevant criteria. Staff Decision AMC 18.5.7 regulates the removal of trees located in multi-family residential zones due to the fact that these zones often have special landscaping circumstances, and potential to affect a larger number of individuals if left unregulated. When considering the decision to approve or deny an application for tree removal staff consider the application materials against the relevant approval criteria in the AMC 18.5.7.040. Staff determined that the application, with the attached conditions, complied with applicable ordinances and met all standards and criteria for approval and as such Planning Action TREE-2023-00210 was approved. III. Appeal Request As mentioned above, the proposed request to remove four trees, including the weeping willow tree, was approved administratively on August 11, 2023, with a Notice of Decision mailed the same day. The 12-day appeal period extended through August 23, Planning Action Appeal 2023-00018 / PA-TREE-2023-00210 Ashland Planning Department Staff Report/jnc Applicant: Jenny Osburne / Appellant: Albert Pepe October 10, 2023 - Page 3 of 5 2023, and on that same day a Notice of Land Use Appeal was timely filed by Albert Pepe. Albert Pepe resides in the space immediately adjacent to the tree and submitted public comment in the proceedings below, and as such has standing to appeal. The request for appeal included the standard Notice of Land Use Appeal Type I form. The form submitted by Albert Pepe contains three specific grounds for appeal for which the decision should be reversed or modified as followed: 1.There is another option to complete removal by pruning upper dead branches and removing some of the weight to make it not a hazard tree. 2.Once upper pruning is complete it \[is\] not clear that the tree is likely to fall and injure persons or property. 3.Once upper pruning is complete, Mr. Pepe offered to continue to maintain the tree at his cost every 23 years. V. Procedural - Required Burden of Proof The approval criteria for tree removal are provided in AMC 18.5.7.040. The approval criteria state that the approval shall be granted if the application meets all of the following criteria or can be made to conform through imposition of conditions. The approval criteria for hazard tree are detailed in AMC 18.5.7.040 as follows: The applicant must demonstrate that the condition or location of the tree presents a 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. The city may require the applicant to mitigate for the removal of each hazard tree B. pursuant to section 18.5.7.050. Such mitigation requirements shall be a condition of approval of the permit. The approval criteria for trees that are not a hazard are detailed in AMC 18.5.7.040 as follows: The tree is proposed for removal in order to permit the application to be consistent A. 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. Removal of the tree will not have a significant negative impact on erosion, soil B. stability, flow of surface waters, protection of adjacent trees, or existing windbreaks. Removal of the tree will not have a significant negative impact on the tree densities, C. 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. Nothing in this section shall require that the residential density to be reduced below D. the permitted density allowed by the zone. In making this determination, the City may Planning Action Appeal 2023-00018 / PA-TREE-2023-00210 Ashland Planning Department Staff Report/jnc Applicant: Jenny Osburne / Appellant: Albert Pepe October 10, 2023 - Page 4 of 5 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. The City shall require the applicant to mitigate for the removal of each tree granted E. approval pursuant to section 18.5.7.050. Such mitigation requirements shall be a condition of approval of the permit. VI. Conclusions and Recommendations Planning Action TREE-2023-00210 approved the removal of four trees described in the application including the willow. Staff determined that the application with the attached conditions complied with applicable ordinances and met all standards and criteria for approval of hazard tree removal. After staff approved the application, a Notice of Decision (NOD) was mailed per AMC 18.5.1.050.D. Subsequent to the NOD, adjacent property owner Albert Pepe filed a Notice of Land Use Appeal. Albert Pepe resides in the noticing area for the application and had previously submitted written comments to be considered during the public comment period and thus had standing to appeal. This staff report addresses items raised on appeal and staff determined that there is sufficient evidence in the record to demonstrate that all applicable approval standards have been met. The applicants have submitted application materials to the Planning Department to demonstrate compliance with the applicable approval standards for the proposed tree removal. In assessment, the application with the conditions recommended below satisfies the applicable approval criteria. While the appellant asserts that pruning of the the appellant would then take responsibility for on-going maintenance, the project arborist indicated that pruning out high probability of more epicormic sprouts that would become very hazardous over time. Because of this, the only practical approach to eliminating this hazard is to completely recommendation. On that basis, staff recommends that the Planning Commission deny the appeal and uphold the original approval. Should the Commission choose to uphold the original approval as recommended, staff would recommend that the following conditions be attached to the approval: 1)That all proposals of the applicant shall be conditions of approval unless otherwise specifically modified herein. 2)That two trees are planted for every one tree removed. Proposed trees shall be planted within one year of tree removal and shall be of appropriate species and locations considering tree maturity and location to residences. Newly planted trees shall be maintained and regularly irrigated, especially during the driest months for at least the first three to five growing seasons. Planning Action Appeal 2023-00018 / PA-TREE-2023-00210 Ashland Planning Department Staff Report/jnc Applicant: Jenny Osburne / Appellant: Albert Pepe October 10, 2023 - Page 5 of 5 PUBLIC HEARING NOTICE On October 10, 2023, the Ashland Planning Commission will hold a Public Hearingat7:00 p.m. at the Ashland Civic Center, 1175 East Main Street for the following item: PLANNING ACTION: PA-APPEAL-2023-00018 SUBJECT PROPERTY: 321 Clay Street OWNER / APPLICANT: Table Rock Tree for Jenny Osborne APPELLANT: Albert Pepe DESCRIPTION: This is an appeal for the removal of the weeping willow tree located at space #19. The original request, PA-TREE-2023-00210, was for approval to remove four (4) trees near residences at the Wingspread Mobile Home Park; located near spaces 19, F, 92, and 94. The trees are as follows: weeping willow, 47 inch diameter at breast height (DBH) at space 19; cottonwood, 12 inch DBH at space F; two silver maples 11 inch DBH and 9 inch DBH located between spaces 92 and 94. The application has been prepared by a certified arborist and states that trees are in a state of decline; causing damage to property; severely leaning, and have evidence of decay, respectively. As the trees continue to decline, they present a hazard to nearby properties. In summary, PA-APPEAL-2023-00018 is an appeal of PA-TREE-2023-00210 which was approved for removal of all four trees. The Notice of Land Use Appeal was submitted for only the removal of the weeping willow tree at space #19. COMPREHENSIVE PLAN DESIGNATION: Multi Family Residential; ZONING: R-2; MAP: 39 1E 11C; TAX LOT: 3000 The public hearing will be televised on local channel 9 or channels 180 and 181 for Charter Communications customers or will also be available live stream by going to rvtv.sou.edu and selecting RVTV Prime. The meeting agenda and information about how to testify and submit written comments will be posted on the City of Ashland web site here https://www.ashland.or.us/Agendas.asp?SectionID=0&CCBID=198 . Those wishing to submit written comments can do so by sending an e-mail to PC-public- testimony@ashland.or.us with the subject line “October 10 Hearing Testimony” by 10:00 a.m. on Tuesday, October 10, 2023. Written testimony received by this deadline will be available for Planning Commissioners to review before the hearing and will be included in the meeting minutes. Oral testimony will also be taken during the electronic public hearing via Zoom as well. If you wish to provide oral testimony during the electronic meeting, please send an email to PC- public-testimony@ashland.or.us by 10:00 a.m. on Tuesday, October 10, 2023. Please provide the following information: 1) make the subject line of the email “October 10 Speaker Request”, 2) include your name, 3) the agenda item on which you wish to speak, 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. The Zoom meeting link will be posted on the Planning Commission agenda available on-line prior to the meeting at: https://www.ashland.or.us/Agendas.asp?SectionID=0&CCBID=198. By the order of Brandon Goldman, Interim Community Development Director In compliance with the Americans 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).