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.
" ~
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. / ~ /
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.
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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
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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
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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
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15 S PIONEER
ASHLAND, OR 97520
391E09BD 6500
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7831 SE STARK 103
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MACRORY ANN K TRUSTEE
150 MYER CREEK RD
ASHLAND, OR 97520
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35 S SECOND ST
ASHLAND, OR 97520
391E09BD 9400
PRESTON JOHN R/KA THLEEN M
9652 GLENDEVY CT
VIENNA, VA 22181
391 E09BD 9000
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19 GRESHAM
ASHLAND, OR 97520
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25 GRESHAM ST
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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
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Page 1 I
[ (7/7/2010) Adam Hanks - 2nd St. Box EldF'. qemoval 002.jpg
Page 1 I
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PaQe11
I (7/7/2010) Adam Hanks - 2nd St. Box Eld"'- qemoval 003.jpg
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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 #
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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 ~~
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