HomeMy WebLinkAboutSecond_44 (PA-2009-01483)
CITY OF
ASHLAND
December 29, 2009
Village Arborist LLC
280 Meade St
Ashland, OR 97520
Notice of Final Decision
On December 29, 2009, the Staff Advisor for the Ashland Planning Division administratively approved
your request for the following:
PLANNING ACTIONS: 2009-01483
SUBJECT PROPERTY: 44 Second Street
APPLICANT: Trinity Parish
DESCRIPTION: A request for a Tree Removal Permit approval for a hazard tree located at 44 Second
Street. The tree is located at the northwest corner of the building near the Labyrinth.
COMPREHENSIVE PLAN DESIGNATION: Commercial; ZONING: C-I-D; ASSESSOR'S MAP
#: 39 IE 09 BD; TAX LOT: 3600 & 3700
The Staff Advisor's decision becomes final and is effective on the 131h day after the Notice of Final
Decision is mailed.
Prior to that date, anyone who was mailed this Notice Of Final Decision may request a reconsideration of
the action by the Staff Advisor as set forth in the Ashland Land Use Ordinance (ALUO)
18.1 08.070(B)(2)(b) and/or file an appeal to the Ashland Planning Commission as provided in the ALUO
18.108.070(B)(2)(c).
An appeal may not be made directly to the Land Use Board of Appeals. 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 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.
The application, all associated documents and evidence submitted, and the applicable criteria are available
for review at no cost at the Ashland Community Development Department, located at 5] Winburn Way.
Copies of tile documents can be requested and are charged based on the City of Ashland copy fee
schedule.
If you have any questions regarding this decision, please contact the Department of Community
Development between the hours of 8:00 am and 4:30 pm, Monday through Friday at (541) 488-5305.
cc: Trinity Parish, Property Owner & Property Owners with 200 feet.
DEPT. OF COMMUNITY DEVELOPMENT
20 E. Main Street
Ashland, Oregon 97520
www.ashland.or.us
Tel: 541-488-5305
Fax: 541-552-2050
TTY: 800-735-2900
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ASHLAND PLANNING DIVISION
FINDINGS & ORDERS
PLANNING ACTIONS: 2009-01483
SUBJECT PROPERTY: 44 Second Street
APPLICANT: Trinity Parish
DESCRIPTION: A request for a Tree Removal Permit approval for a hazard tree located at 44 Second
Street. The tree is located at the northwest corner of the building near the Labyrinth.
COMPREHENSIVE PLAN DESIGNATION: Commercial; ZONING: C-I-D;
ASSESSOR'S MAP #: 39 IE 09 BD; TAX LOT: 3600 & 3700
SUBMITTAL DATE:
DEEMED COMPLETE DATE:
STAFF APPROVAL DATE:
FINAL DECISION DATE:
APPROVAL EXPIRATION DATE:
November 17,2009
November 25,2009
December 29,2009
January 11, 2010
January 11, 2011
DECISION
The property is located on the east side of Second Street between East Main and Lithia Way. The tree
removal request is for a tree, which is to the south of the Labyrinth just to the northwest of the church
building. The tree is a Norway maple, which is IS-inches in diameter at breast height. International
Society of Arboriculture (ISA) Certified Arborist, August Schilling inspected the tree and concluded that
it has been exhibiting substantial decline over the past two years. The Arborist is unable to pinpoint the
cause of the decline, but states that a number of conditions could have caused the tree to become
susceptible to one or more pathogens. In his opinion, since the tree is located near a heavily trafficked
street and sidewalk and near a historic structure, the tree should be removed before it becomes unsafe to
remove or before it falls.
The Tree Commission reviewed the tree removal request at their December 3,2009 meeting and
concurred with the applicant's arborist. They recommended mitigation of the tree with a deciduous tree
that will achieve similar size and stature at maturity as the Norway maple, and to locate the mitigation
tree further way from the structure(s).
The location of the tree in proximity to a busy street and sidewalk and because the tree's health is
declining rapidly, qualifies that tree as a hazard tree. The applicant has met the applicable criteria for
removal of a hazard tree.
The criteria for a Tree Removal Permit are described in AMC Chapter 18.61.080, as follows:
An applicantfor a Tree Removal Permit shall demonstrate that the following criteria are satisfied. The
Staff Advisor may require an arborist's report to substantiate the criteria for a permit.
A. Hazard Tree: The Staff Advisor shall issue a tree removal permit for a hazard tree if the
PA #2009-01483
44 Second St./adg
Page 1
applicant demonstrates that a tree is a hazard and warrants removal.
1. A hazard tree is a tree that is physically damaged to the degree that it is clear that it is likely
to fall and injure persons or property. A hazard tree may also include a tree that is located
within public rights of way and is causing damage to existing public or private facilities or
services and such facilities or services cannot be relocated or the damage alleviated. The
applicant must demonstrate that the condition or location of the tree presents a clear public
safety hazard or a foreseeable danger of property damage to an existing structure and such
hazard or danger cannot reasonably be alleviated by treatment or pruning.
2. The City may require the applicant to mitigate for the removal of each hazard tree pursuant
to AMC 18.61.084. Such mitigation requirements shall be a condition of approval of the
permit.
The application with the attached conditions complies with all applicable City ordinances.
Planning Action 2009-01483 is approved with the following conditions. Further, if anyone or more of
the following conditions are found to be invalid for any reason whatsoever, then Planning Action 2009-
01483 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 modified here.
2) That a 1 V2 - inch caliper, deciduous mitigation tree which will equal or exceed the removed trees
size and stature at maturity shall be planted on site within one year of this approval. The tree shall be
planted and maintained according to the specifications in the City Tree Planting and Maintenance
Guidelines.
ana Harris, Planning Manager
Department of Community Development
Date
P A #2009-01483
44 Second St./adg
Page 2
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AMERITITLE INC
401 HARBOR ISLES BLVD
KLAMATH FALLS OR 97601
PA-2009-01483 391 E09BD 90002
DRESCHER ALLEN G
POBOX 760
ASHLAND OR 97520
PA-2009-01483 391 E09BD 1800
LEMANNE DAWN TRUSTEE ET AL
435 GRANITE
ASHLAND OR 97520
PA-2009-01483 391 E09BD 2400
MITTLEMAN PROPERTIES
2800 EAST LAKE ST
MINNEAPOLIS MN 55406
PA-2009-01483 391 E09BD 2500
STEVIED CORPORATION
37 THIRD ST
ASHLAND OR 97520
PA-2009-01483 391 E09BD 2100
VAN VLEET & ASSOCIATES INC
375 L1THIA WAY
ASHLAND OR 97520
PA-2009-01483 391 E09BD9800
CORNITIUS LLC
1355 CORA LANE
AUBURN, CA 95603
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ASHLAND LODGE #944/B P 0 E BURNS SHEILA TRUSTEE ET AL
POBOX 569 275 GRANDVIEW DR
ASHLAND OR 97520 ASHLAND OR 97520
PA-2009-01483 391E09BD 6100
GOLDEN-FIELDS PROPERTY
845 OAK ST
ASHLAND OR 97520
PA-2009-01483 391E09BD 4300
LANDEM INVESTMENTS INC
2415 THURMAN ST
PORTLAND OR 97210
PA-2009-01483 391 E09BD 4200
MAIN & 2ND STREET LLC
295 E MAIN ST 1
ASHLAND OR 97520
PA-2009-01483 391E09BD 3500
MITTLEMAN PROPERTIES
2800 EAST LAKE STREET
MINNEAPOLIS MN 55406
PA-2009-01483 391E09BD 3100
PROVOST PROPERTIES LLC
4224 HWY 66
ASHLAND OR 97520
PA-2009-01483 391E09BD 1801
RANDOLPH HAYS LLC
POBOX 1220
MEDFORD OR 97501
PA-2009-01483 391E09BD 3600
TRINITY PARISH CH/ASHLAND
44 NORTH 2ND ST
ASHLAND OR 97520
PA-2009-01483 391E09BD 3800
TRINITY PARISH/ASHLAND
44 N SECOND ST
ASHLAND OR 97520
PA-2009-01483 391E09BD 2300
WELLES RADCLIFFE
583 MOUNTAIN AVE
ASHLAND OR 97520
PA-2009-01483
Village Arborist LLC
280 Meade St
Ashland, OR 97520
PA-2009-01483 391 E09BD 8900
TURNER, GARRISON & PAMELA
P.O. BOX 1299
ASHLAND, OR 97520
PA-2009-01483 391E09BD 8800
PORTERA, DAVID & TRACY
119 N THIRD STREET
ASHLAND, OR 97520
21
44 Second St / )
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Planning Department, 51 Winburn Way, Ashland, Oregon 97520
541-488-5305 Fax: 541-552-2050 www.ashland.or.us TTY: 1-800-735-2900
CITY OF
OF APPLICATION
PLANNING ACTION: 2009-01483
SUBJECT PROPERTY: 44 Second
OWNER/APPLICANT: Trinity Parish
DESCRIPTION: A request for a Tree Removal Permit approval for a hazard tree located at 44 Second Street. The
tree is located at the northwest corner of the building near the Labyrinth.
COMPREHENSIVE PLAN DESIGNATION: Commercial; ZONING: C-1-D; ASSESSOR'S MAP#: 391E 09 BD;
TAX LOT: 3600 & 3700
NOTE: The Ashland Tree Commission will also review this Planning Action on December 3, 2009 at 6:00 p.m. in the
Community Development and Engineering Services building (Siskiyou Room) located at 51 Winburn Way.
NOTICE OF COMPLETE APPLICATION: November 25,2009
DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: December 9, 2009
The Ashland Planning Division Staff has received a complete application for the property noted above.
Any affected property owner or resident has a right to submit written comments to the City of Ashland Planning Division, 51 Winburn Way, Ashland,
Oregon 97520 prior to 4:30 p.m. on the deadline date shown above.
Ashland Planning Division Staff determine if a Land Use application is complete within 30 days of submittal. Upon determination of completeness, a
notice is sent to surrounding properties within 200 feet of the property submitting application which allows for a 14 day comment period. After the
comment period and not more than 45 days from the application being deemed complete, the Planning Division Staff shall make a final decision on the
application. A notice of decision is mailed to the same properties within 5 days of decision. An appeal to the Planning Commission of the Planning
Division Staff's decision must be made in writing to the Ashland Planning Division within 12 days from the date of the mailing of final decision. (AMC
18.108.040)
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 ailow this Department to respond to the issue precludes an action for damages in circuit court.
A copy of the application, all documents and evidence relied upon by the applicant and applicable criteria are available for inspection at no cost and
will be provided at reasonable cost, if requested. All materials are available at the Ashland Planning Division, Community Development & Engineering
Services Building, 51 Winburn Way, Ashland, Oregon 97520.
If you have questions or comments concerning this request, please feel free to contact the Ashland Planning Division at 541-488-5305.
G :\comm-dev\nlannilu!\Notices Mailed\2009\2009-0 14R" .nor
TREE REMOVAL
18.61.080 Criteria for Issuance of Tree Removal - Staff Permit
An applicant for a Tree Removal Permit shall demonstrate that the following criteria are satisfied. The Staff Advisor may require an
arborist's report to substantiate the criteria for a permit.
A. Hazard Tree: The Staff Advisor shall issue a tree removal permit for a hazard tree if the applicant demonstrates that a tree is a
hazard and warrants removal.
1, A hazard tree is a tree that is physically damaged to the degree that it is clear that it is likely to fall and injure persons or
property. A hazard tree may also include a tree that is located within public rights of way and is causing damage to existing
public or private facilities or services and such facilities or services cannot be relocated or the damage alleviated. The applicant
must demonstrate that the condition or location of the tree presents a clear public safety hazard or a foreseeable danger of
property damage to an existing structure and such hazard or danger cannot reasonably be alleviated by treatment or pruning.
2, The City may require the applicant to mitigate for the removal of each hazard tree pursuant to AMC 18.61,084. Such
mitigation requirements shall be a condition of approval of the permit.
B. Tree that is Not a Hazard: The City shall issue a tree removal permit for a tree that is not a hazard if the applicant demonstrates
all of the following:
1. The tree is proposed for removal in order to permit the application to be consistent with other applicable Ashland Land Use
Ordinance requirements and standards, including but not limited to applicable Site Design and Use Standards and Physical and
Environmental Constraints. The Staff Advisor may require the building footprint of the development to be staked to allow for
accurate verification of the permit application; and
2, 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; and
3. 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. Nothing in
this section shall require that the residential density 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 or alternate landscaping designs that
would lessen the impact on trees, so long as the alternatives continue to comply with other provisions of the Ashland Land Use
Ordinance.
4, The City shall require the applicant to mitigate for the removal of each tree granted approval pursuant to AMC 18,61.084.
Such mitigation requirements shall be a condition of approval of the permit.
(ORD 2951, 2008; ORD 2883, 2002)
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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 November 25, 2009 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 #2009-01483, 44
Second Street.
q:~) 4thfPnd'hzI1~
Signatu of Employee
SIGNED AND SWORN TO before me this 1st day of December, 2009.
OIllFICIAL SEAL
li\i.UE K. BOSWEll
N(n'~\AY PUBl.IC-OREGON
. (~;(JMM'SS'ON NO. 430471
MMI~SION EXPIRES APR. 7, 2013
Notary Public for State of Oregon
My Commission Expires: Lf~ 7 ~. I'?:;
Comm-Dev\Planning\ Templates
Easy Peel labels ~
Use Avery@ TEMPLATE 5160@
PA-2009-01483 391E09BD 6101
AMERITITLE INC
401 HARBOR ISLES BLVD
KLAMATH FALLS OR 97601
PA-2009-01483 391E09BD 90002
DRESCHER ALLEN G
POBOX 760
ASHLAND OR 97520
PA-2009-01483 391E09BD 1800
LEMANNE DAWN TRUSTEE ET AL
435 GRANITE
ASHLAND OR 97520
PA-2009-01483 391 E09BD 2400
MITTLEMAN PROPERTIES
2800 EAST LAKE ST
MINNEAPOLIS MN 55406
PA-2009-01483 391 E09BD 2500
STEVIED CORPORATION
37 THIRD ST
ASHLAND OR 97520
PA-2009-01483 391E09BD 2100
VAN VLEET & ASSOCIATES INC
375 L1THIA WAY
ASHLAND OR 97520
PA-2009-01483 391 E09BD9800
CORNITIUS LLC
1355 CORA LANE
AUBURN, CA 95603
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Utilisez Ie gabarit AVERY@ 5160@
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PA-2009-01483 391 E09BD 3900
ASHLAND LODGE #944/B P 0 E
POBOX 569
ASHLAND OR 97520
PA-2009-01483 391E09BD 6100
GOLDEN-FIELDS PROPERTY
845 OAK ST
ASHLAND OR 97520
PA-2009-01483 391E09BD 4200
MAIN & 2ND STREET LLC
295 E MAIN ST 1
ASHLAND OR 97520
PA-2009-01483 391E09BD 3100
PROVOST PROPERTIES LLC
4224 HWY 66
ASHLAND OR 97520
PA-2009-01483 391 E09BD 3600
TRINITY PARISH CH/ASHLAND
44 NORTH 2ND ST
ASHLAND OR 97520
PA-2009-01483 391 E09BD 2300
WELLES RADCLIFFE
583 MOUNTAIN AVE
ASHLAND OR 97520
PA-2009-01483 391E09BD 8900
TURNER, GARRISON & PAMELA
P.O, BOX 1299
ASHLAND, OR 97520
A
Sens de chargement
~~ @AVERV@5160@ 1
PA-2009-01483 391 E09BD 90003
BURNS SHEILA TRUSTEE ET AL
275 GRANDVIEW DR
ASHLAND OR 97520
PA-2009-01483 391E09BD 4300
LANDEM INVESTMENTS INC
2415 THURMAN ST
PORTLAND OR 97210
PA-2009-01483 391E09BD 3500
MITTLEMAN PROPERTIES
2800 EAST LAKE STREET
MINNEAPOLIS MN 55406
PA-2009-01483 391E09BD 1801
RANDOLPH HAYS LLC
POBOX 1220
MEDFORD OR 97501
PA-2009-01483 391 E09BD 3800
TRINITY PARISH/ASHLAND
44 N SECOND ST
ASHLAND OR 97520
P A- 2009-01483
Village Arborist LLC
280 Meade St
Ashland, OR 97520
PA-2009-01483 391 E09BD 8800
PORTERA, DAVID & TRACY
119 N THIRD STREET
ASHLAND, OR 97520
21
44 Second St
Mailed 11-25-09
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JACKSON COUNTY
INFORMATION TECHNOLOGY
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Tax Lot Oulllnes
Tax Lot Numbers
JACKSON
COUNTY
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Created with MapMaker Map created on 11/25/200911:42:41 AM using web.jacksoncounly.org
Page 1 of 1
Carolyn Schwendener - Arborist Report For Trinity Episcopal Church
From:
To:
Date:
Subject:
august Schilling <augdino@gmail.com>
<schwendec@ashland.or.us>
11/19/2009 9:29 AM
Arborist Report For Trinity Episcopal Church
The Village Arborist LLC; CCB License #167378
August Schilling; ISA Certified Arborist #PN1330A
280 Meade St; Ashland OR 97520
(541)292-0767
City of Ashland, Community Development
51 Winburn Way
Ashland OR 97520
Arborist Report For Tree Removal At Trinity Episcopal Church
To whom it may concern:
At the request of the garden committee at Trinity Episcopal Church, I have visited the site located at 44
Second St in Ashland Oregon to inspect a maple tree.
The tree in question is a norway maple, Acer platanoides, It is approximately fifty feet tall and is IS"
dbh. It stands at the northwest corner of the church building in the labyrinth garden's sacred space. The
tree is growing at the proper soil depth, and exhibits no signs of above ground mechanical damage.
The purpose of the visit was to investigate the condition of the tree. Over the course of the last two
years, decline had been noted in the crown of the tree, and in the last year some areas of the base had
been observed to be losing bark.
During the course of my inspection I did observe that the crown of the tree has substantial decline; as
much as a half is necrotic. I also noted advanced decadence at the base where the bark is peeling. At
least three quarters of the circumference of the base of the tree is dead with the bark either gone or
peeling. Corresponding sections of the stem are also necrotic, and it is safe to assume that many of the
tree's roots are also compromised.
The cause ofthis morbidity is difficult to pinpoint. It is most likely that a number of conditions have
coincided to allow the tree to lose vitality and become susceptible to one or more pathogens like
Verticillium. It is also most likely that if uncorrected the situation will lead either to the tree falling
down or to the tree dying and becoming unsafe to remove, and then falling down.
Since this tree is in a very high traffic area and since it has a highly decadent base structure providing
poor to failing support, its removal is the best management strategy for dealing with its hazardous
condition.
After its removal, the tree will be replaced with another tree, although not in the same location. The
garden committee is committed to maintaining Trinity's tree canopy and is currently working on
selecting a suitable replacement and choosing its most appropriate planting location. .
Thank you for your attention regarding this matter, and feel free to contact me with any questions or
concerns you may have with regard to this issue.
Sincerely,
August Schilling
19 November 2009
file://C:\Documents and Settings\schwendec\Local Settings\Temp\XPgrpwise\4B050FFD... 11/19/2009
Tax Lot Outlines
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JACKSON
COUNTY
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this map Is based on a digital database
complied by Jackson County From a variety
of sources. Jackson County cannot accept
responsibHy for errors, omissions, or
positional accuracy. There are no
warranUes, expressed or Implied.
Map created on 11124/2009 2:35:21 PM using web.jacksoncounty.org
PIr:ilSG n~cyc!e with colored office grade paper
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ZONING PERMIT APPLlCA liON
FILE' ~OOr O/~ F3
Planning Department
51 Winburn Way, Ashland OR 97520
CITY Of
ASHLAND 541-488-5305 Fax 541-488-6006
DESCRIPTION OF PROJECT R e W/:;9V a I ,4
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DESCRIPTION OF PROPERTY
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APPLICANT
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SURVEYOR. ENGINEER, ARCHITECT. LANDSCAPE ARCHITECT. OTHER
Title
Name
Phone
E-Mail
Address
City
Zip
Title
Name
Phone
E-Mail
Address
City
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 a/l respects,
true and correct. I understand that a/l 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 fu/l responsibility. I 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 fumished justifies the granting of the request;
3) that the findings of fact fumished by me are adequate; and further
4) that a/l 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 buitt in reliance thereon being required to
be re.,,!oved at my expense."f ~ha~~~.t~$g~bf..> s. ',1 am advised to seek competent professionaladviC~ and. assistance.
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Applicant's Signature' Date
As owner of the property involved in this request, I have read and understood the complete application and its consequences to me as 8 property
oL Ie ~ Itll':/'/~q
Property Owner's Signature (required) Date
[To be ~ ~ C4y SUlII
Date Received
Zoning Permit Type
Filing Fee $
OVER ~
Contractor:
Address:
Phone:
State Lic No:
City Lie No:
Sub-Contractor:
Address:
Phone:
State Lic No:
City Lie No:
COMMUNITY DEVELOPMENT
20 East Main St.
Ashland, OR 97520
www.ashland.or.us
Tel: 541-488-5305
Fax: 541-488-5311
TTY: 800-735-2900
Inspection Request Line: 541-552-2080
CITY OF
ASHLAND