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HomeMy WebLinkAboutSecond_26 (PA-2010-00859) CITY Of ASHLAND August 17, 2010 City of Ashland Adam Hanks 20 E Main St Ashland OR 97520 Notice of Final Decision On August 17,2010, the Staff Advisor for the Ashland Planning Division administratively approved your request for the following: PLANNING ACTION: 2010-00859 SUBJECT PROPERTY: 26 S. Second Street APPLICANT: City of Ashland DESCRIPTION: A request for a Hazard Tree Removal Permit for the public parking lot located at the intersection of Second Street and Enders Alley. COMPREHENSIVE PLAN DESIGNATION: Downtown; ZONING: C-I-D ASSESSOR'S MAP #: 39 1 E 098D; TAX LOT: 6200 The Staff Advisor's decision becomes final and is effective on the 13th 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(8)(2)(b) and/or file an appeal to the Ashland Planning Commission as provided in the ALUO 18.108.070(8)(2)( c). An appeal may not be made directly to the Land Use 80ard 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 LU8A on that issue. Failure to specify which ordinance criterion the objection is based on also precludes your right of appeal to LU8A 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 51 Winburn Way. Copies of file documents can be requested and are charged based on the City of Ashland copy fee schedule. If YOll have any questions regarding this decision, please contact the Department of Community Development between the hours of8:00 am and 4:30 pm, Monday through Friday at (541) 488-5305. cc: Parties of record and property owners within 200 ft 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 ri.l ASHLAND PLANNING DIVISION FINDINGS & ORDERS PLANNING ACTIONS: 2010-00856 SUBJECT PROPERTY: 26 S. Second St. APPLICANT: City of Ashland DESCRIPTION: A request for a hazard Tree Removal Permit to remove I Box Elder from a city owned parking lot. COMPREHENSIVE PLAN DESIGNATION: Downtown Commercial ZONING: C-1-D; ASSESSOR'S MAP #: 39 IE 09BD; TAX LOT: 6200 SUBMITTAL DATE: DEEMED COMPLETE DATE: STAFF APPROVAL DATE: FINAL DECISION DATE: APPROVAL EXPIRATION DATE: July 07,2010 July 21,2010 August 17, 2010 August 30, 2010 August 30, 2011 DECISION The property is a city owned parking lot located south of East Main Street, east of Second St, and adjacent to Enders Alley. The tree is located between the first parking space within the lot and the alley right-of-way. The tree removal request is to remove a Box Elder tree due to rot and decay that has been forming over the years due to abuse, vandalism, and car bumpers repeating hitting the trunk. A city arborist has reviewed the tree and concludes that the tree may pose a danger to persons and property if allowed to remain in its current condition. The applicant proposes to mitigate removal of the tree by replanting a more appropriate species approximately 15 - 20 feet to the east of the existing tree, depending on utility locates, the existing irrigation system, and compliance with vision clearance areas. The criteria for a Tree Removal Permit are described in AMC Chapter 18.61.080, as follows: 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 permitfor 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 tofall 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 sq(ety hazard or aforeseeable 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 o.lthe permit. PA #2010-00856 26 Second/MP Page I The application with the attached conditions complies with all applicable City ordinances. Planning Action 2010-00856 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 2010- 00856 is denied. The following are the conditions and they are attached to the approval: I) That all proposals of the applicant shall be conditions of approval unless otherwise modified here. 2) That a I Y2 - inch caliper, eight-foot minimum height deciduous mitigation tree which will equal or exceed the removed trees size and stature at maturity shall be planted on a property under the same ownership within a minimum of 180 days of this approval. The tree shall be planted and maintained according to the specifications in the City Tree Planting and Maintenance Guidelines. Or, the applicant shall pay into the tree account the amount equivalent to the cost of buying and planting the trees that would otherwise have been required to be planted on site, or a minimum of$400.00. The a.pDlkant shall submit to the City of Ashland Planning Division, in writing, their chosen option for (~ii1Uigati6n P1i the tree removal. " ~ '\ . / ~ / ill Molnar, irector D of Community Development PA #2010-00856 26 Second/MP Page 2 Planning Department, 5'1 vvinburn Way, Ashland, Oregon 97520 541-488-5305 Fax: 541-552-2050 www.ashland.or.us TTY: 1-800-735-2900 CITY OF ASH LAN NOTICE OF APPLICATION PLANNING ACTION: 2010-00859 SUBJECT PROPERTY: 26 S. Second Street APPLICANT: City of Ashland DESCRIPTION: A request for a Hazard Tree Removal Permit for the public parking lot located at the intersection of Second Street and Enders Alley. COMPREHENSIVE PLAN DESIGNATION: Downtown; ZONING: C-I-D ASSESSOR'S MAP #: 39 IE 09BD; TAX LOT: 6200 NOTE: The Ashland Tree Commission will also review this Planning Action on August 5, 2010 at 6:00 p.m. in the Community Development and Engineering Services building (Siskiyou Room) located at 51 Winburn Way. NOTICE OF COMPLETE APPLICATION: July 28,2010 DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: Au us~ 11,2010 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 allow 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. TREE REMOVAL 18.61.080 Criteria for Issuance of Tree RerL_ ,al - 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. G:\comm-dev\planninglNotices Mailed\20 1 0\20 1 0-00859.doc ~., .1'12:00' -:' - l"lm1" ~I ~ - ~ 0" tl/l(J,(J;l{ 0 .. ~20<t . :."j o~ /~1100',,"'...10000 . i",', 'imoo'" _."0 ,.':8(IOl,1i~~t" , ",""" , 600(10//"" 10000 . 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Created with Map Maker Map created on 7/28/201012:06:15 PM using web.jacksoncounty,org 14400 ~I -I r~!, 3rOl 31'00 ml 3100 10500 8101 ~~ Pleaso recycle with colored office grade paper JACKSON COUNTY INFORMATION TECHNOLOGY 26 Second Front Counter Legend Highlighted Feature the Buffer tlleBufferTargel Tax Lot OuUlnes Tax Lol Numbers , " ,il JACKSON COUNTY Oregon 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 July 28, 20101 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 #2010-00859, 26 Second St. SignaW e of Employee " 8 G:\comm-dev\planning\T emplateslAffidavit of Mailing_Planning Action Notice.doc 7/29/2010 Easy Peel@ labels Use Avery@Template 5160@ 391E09BD 6101 AMERITITLE INC 401 HARBOR ISLES BLVD KLAMATH FALLS, OR 97601 391E09BD 5001 DRESCHER JOEL M ET AL POBOX 760 ASHLAND, OR 97520 391E09BD 5800 GRA Y ALBERT F/CAROL A 1015 MARY JANE AVE ASHLAND, OR 97520 391E09BD 4200 MAIN & 2ND STREET LLC 295 E MAIN ST I ASHLAND, OR 97520 391E09BD 15900 NIEBEL ELENA C 332 HARGADINE ST ASHLAND, OR 97520 391 E09BD 2800 PROVOST PROPERTIES LLC 4224 HWY 66 ASHLAND, OR 97520 391E09BD 16100 STEELE WILLIAM H TRUSTEE ET AL 298 HARGADINE ST ASHLAND, OR 97520 ~ \-\c-\L~ c.-\~ 'lr- A-~\,~ "Z,a b. ~'^- ~'^-~ 0(Z... 'Yl-S<...v J Etiquettes facHes a peler Utilisez Ie aabarit AVERY@ 'i1fiO@ i I I } A - Bend along line to Feed Paper - expose Pop-Up Edge™ 391 E09BD 90004 BURNS E SHEILA TRUSTEE ET AL 275 GRANDVIEW DR ASHLAND, OR 97520 391E098D 9500 EPSTEIN FRED TRUSTEE ET AL 364 HARGADINE ST ASHLAND, OR 97520 391E09BD 9700 HOLT REBECCA L 4 BEAcH AVE ASHLAND, OR 97520 391E09BD 6300 MATTHEWS ROBERT/SANDRA 3088 LAZY CR DR MEDFORD, OR 97504 391E09BD 9300 OREGON SHAKESPEARE FESTIVAL 15 S PIONEER ASHLAND, OR 97520 391E09BD 6500 SOUTH RUTH E TRUSTEE FBO 7831 SE STARK 103 PORTLAND, OR 97215 391E09BD 9600 STOBER MARJORIE C 348 HARGADINE ASHLAND, OR 97520 A Sens de ...L._..._____..~ I Repliez a la hachure afin de I rpvpl"r I" r"hnrr! Pnn_Un™ ! @ AVERY@ 5160@ 1 391 E09BD 90008 DRESCHER ALLEN G POBOX 760 ASHLAND, OR 97520 391E09BD 6100 GOLDEN-FIELDS PROPERTY 845 OAK ST ASHLAND, OR 97520 391 E09BD 6000 MACRORY ANN K TRUSTEE 150 MYER CREEK RD ASHLAND, OR 97520 391E09BD 5500 MPM INVESTMENTS 35 S SECOND ST ASHLAND, OR 97520 391E09BD 9400 PRESTON JOHN R/KA THLEEN M 9652 GLENDEVY CT VIENNA, VA 22181 391 E09BD 9000 SPRINGER SUSAN E 19 GRESHAM ASHLAND, OR 97520 391E09BD 9100 WRIGHT VINCENT 25 GRESHAM ST ASHLAND, OR 97520 www.avery.com 1_SlOn.r.;O_A\lI=RV CITY Of ASHLAND Application For Tree Removal Permit Applicant: City of Ashland Property Owner: City of Ashland Taxlots of Use: 39 1 E 0980 6200 Application Type: Type I Tree Removal - Hazard Tree per 18.61.080 Project Description and Back~round The City of Ashland owns and maintains several surface public parking lots in the downtown area and contracts the landscape portion of the maintenance to the Ashland Parks & Recreation Oept. As the parking lot landscaping was being reviewed throughout the downtown earlier this spring, a large box elder was identified by the Parks Oept arborist as a potentially hazardous tree and requested that the City consider its removal. The box elder has been in existence on the parcel prior to the partiion and development of the parcel for public parking. As shown on the enclosed pictures, the multi-trunk tree has been cut over the years to the point that only a single trunk remains and grows out from the center of the root structure at a severe angle towards the parking spaces (north). Since the installation of the paved surface and landscape retaining walls, the tree has endured many bumps and knocks from vehicles utilizing the parking space immediately to the north of the trunk as the curve of the remaining trunk unfortunately juts out at a height matching most vehicle bumpers. In addition to the changes to the site for parking lot installation, abuse from vehicles and the removal of at least two of the original triple trunk, the tree shows visible signs of rot and decay in several locations near the trunk causing the Parks arborist to state that it is her professional opinion that the tree meets the definition provided in AMC 18.61.080 as a hazard tree, due in large part to the structural instability of the remaining trunk, the extensive rot and decay, the variety of the tree itself and the risks imposed by the Administration 20 E. Main Street Ashland, Oregon 97520 www.ashland.or.us Tel: 541/552-2046 Fax: 541-/488-5311 TTY: 800/735-2900 ri.l location of the canopy extending over multiple public parking spaces, the sidewalk and east travel lane of Second Street and the alley between the parking lot and the property addressed as 36 S Second Street (formerly Harper's Restaurant) ReQuest The tree in question requires a permit for its removal as it meets the definition of a significant tree (greater than 18 inches in diameter at breast height) and is located on lands under the control of the City of Ashland (AMC 18.61.042, D. 1, d) The Applicant requests that the tree be deemed by the Staff Advisor as a Hazard Tree per AMC 18.61.080 providing the applicant with the authority to remove the tree to ensure the safety of the public using that parking lot and adjacent sidewalk, street and alley. The applicant intends to mitigate the loss of the tree with the installation of a replacement tree approximately 15 to 20 feet to the east of the existing tree to be removed. The exact location will depend on utility locates and modification needs of the existing irrigation system. The tree variety will comply with the mitigation requirements detailed in AMC 18.61.084 and will be a maple consistent with the other trees existing parallel to the alley along the full south property line of the parking lot parcel. The proposed installation location also provides the alley with better vision clearance and compliance with the vision clearance sections of the AMC. Conditional Use Permit Criteria AMC 18.61.080 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. Administration 20 E. Main Street Ashland, Oregon 97520 www.ashland.or.us Tel: 541/552-2046 Fax: 541-/488-5311 TTY: 800/735-2900 ri.l 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. As noted in the narrative above, the applicant feels that the tree in question clearly meets the definition of a hazard tree due to the severely unbalanced remaining trunk, the multiple and substantial areas of rot and decay and the canopy location over a public parking lot, a public street and sidewalk and a public alley. Additionally, the applicant agrees and intends to mitigate for the loss of the tree with an appropriate species consistent with the trees along the south frontage and consistent with the mitigation standards set forth in AMC 18.61.084 Thank you for your consideration of this request and please contact me should you have any questions or further data needs. Sincerely, Adam Project Manager - Administration Attachments: Site/Tree Photo's (six) Parcel Map with approximate location of tree Administration 20 E. Main Street Ashland, Oregon 97520 www.ashland.or.us Tel: 541/552-2046 Fax: 541-/488-5311 TTY: 800/735-2900 ri.l 0:) 0) ,_ 1-0 It! 0,,"' ", 'V cJ rea ", '<t d iti 'e ',,- ~ ~ '"" 'F''('''' ", tl')U) . / "q,u <.(. "-- .~~ ""'-, 'I:y "'-'", , '" " ~ I/) u " " V, ,~\.. -~. ,-, "'" ~"'. ,.-:- . .... ~.l'~'" 4:." -_,> ._.. c, _ _ Q~IIJJJ. -:::-3;;- ~ " 31 _.::,;\.tA" ","""" '\, \ '" :.18'\' I,~ {f<? o:t Oln r--.", (00 t<J~ f.~""./.J, l'i:Yi'J ~ co oi$l 01..... ~~ t'St'S r-; I,/) ~ 1 ~ o ~ <.: :Ii 8131'8 S ~ .... ~ Ol O~ 8 \!I Old o ill <:') Ol o~'" ((If),l g O~ . $ g 't- ,~ ~d f)r(~l ., O.;t 0"" Lt)~ OJ d JJ fQ~~~$(Jf,1~~ 1(7/7/2010) Adam Hanks - 2nd St. Box EldF'~ Removal001.jpg Page 1 I [ (7/7/2010) Adam Hanks - 2nd St. Box EldF'. qemoval 002.jpg Page 1 I I (7/7/2010) Adam Hanks - 2nd St.. Box Eldp~ Removal 006.jpg PaQe11 I (7/7/2010) Adam Hanks - 2nd St. Box Eld"'- qemoval 003.jpg PaQe 11 I (7/7/2010) Adam Hanks - 2nd St. Box Eldr' Removal 004.jpg Page 1/ I (7/7/2010) Adam Hanks - 2nd St. Box Eld"" Removal 005.jpg Pa~e 11 Job Address: Owner's Name: CITY OF ASHLAND Phone: Customer #: 05781 State Lic No: CITY OF ASHLAND City Lic No: Applicant: Address: Sub-Contractor: Phone: Address: Applied: 07/07/2010 Issued: Expires: 01/03/2011 Phone: State Lic No: Maplot: 391 E09BD6200 City Lic No: DESCRIPTION: Removal of hazard Tree COMMUNITY DEVELOPMENT 20 East Main 51. 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 I hereby certify the contents of this application to be correct to the best of my knowledge, and furthermore, that I have read, Fee Summary Paid Amounts understood and agreed to the following: Building: $ 0.00 $ 0.00 1. This permit shall remain valid only in accordance with code State Surcharge: $ 0.00 $ 0.00 or regulation provisions relating to time lapse and revocation Development Fees: $ 0.00 $ 0.00 (180 days). 2. Work shall not proceed past approved inspection stage. All Systems Development Charges: $ 0.00 $ 0.00 required inspections shall be called for 24 hours in advance. Utility Connection Fees: $ 0.00 $ 0.00 3. Any modifications in plans or work shall be reported in advance to the department. Public Works Fees: $ 0.00 $ 0.00 4. Responsibility for complying with all applicable federal, state, Planning Fees: $ 25.00 $ 0.00 or local laws, ordinances, or regulations rests solely with the Sub-Total: $ 25.00 applicant. Fees Paid: $ 0 Applicant Date Total Amount Due: $ 25.00 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 ~ ~ ., Pbnning O'l"rtm",1 51 Winburn Way, Ashland OR 97520 CITYOF AS H LAN D 541-488-5305 Fax 541-488-6006 FILE # ",-"'=--- '") DESCRIPTION OF PROJECT /~r:(:"e A;<C1110M / fla <:' Cl " ,::I DESCRIPTION OF PROPERTY Street Address 2 .::; cJ~~co VI e;/ S:f Assessor's Map No. 39 1 E Tax Lot(s) 6' Zoning I () Comp Plan Designation LOirl,P,,<eci'c I APPLICANT Name Address City Name Phone Address SURVEYOR. ENGINEER. ARCHITECT. LANDSCAPE ARCHITECT. OTHER Title Name Address Title Name Address I hereby certify that the statements and information contained in this application, including the enclosed drawings and the required findings of fact, are in all respects, true and correct. I understand that all property pins must be shown on the drawings and visible upon the site inspection. In the event the pins are not shown or their location found to be incorrect, the owner assumes full 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 furnished justifies the granting of the request; 3) that the findings of fact furnished by me are adequate; and further 4) that all structures or improvements are properly located on the ground. Failure in this regard will result most likely in not only the request being set aside, but also possibly in my structures being built in reliance thereon being required to be rem. o.V"~~Pp e. If I have any doubts, I am advised to seek competent profession~1 advice and assistance. /;;<;/~ ~? /;0 Applicant's Signature Date /' IT 0 be completed by City Staff] Date Received Zoning Permit Type Filing Fee $ :~6 Planning Action Type OVER ~~ C:\DOCUME-I IhanksaILOCALS-I ITemplZoning Pennit Application Fonn.doc