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Home My WebLink AboutMaple_135 (PA-2010-00912) CITY Of ASHLAND September 22, 2010 Candace Burton/Linda Vista Care Center 135 Maple St. Ashland, OR 97520 Notice of Final Decision On September 22, 2010 the Staff Advisor for the Ashland Planning Division administratively approved your request for the following: A request for a tree removal permit to remove an 11 inch Diameter Breast Height Sweet Gum Tree located in front of the Linda Vista Care Center adjacent to Maple Street. COMPREHENSIVE PLAN DESIGNATION: Low- Density Multi-Family Residential; ZONING: R-2; ASSESSOR'S MAP #: 39 IE 05DA; TAX LOT: 4900. 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(B)(2)(b) and/or file an appeal to the Ashland Planning Commission as provided in the ALUO 18.1 08.070(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 Depaliment, 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 you have any questions regarding this decision, please contact the Depmiment of Community Development between the hours of 8:00 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 ~~, ASHLAND PLANNING DIVISION FINDINGS & ORDERS PLANNING ACTIONS: 2010-00912 SUBJECT PROPERTY: 135 Maple St. APPLICANT: Candace Burton! Linda Vista Care Center DESCRIPTION: A request for a Tree Removal Permit to remove a Sweet Gum in front of the Linda Vista Care Facility. COMPREHENSIVE PLAN DESIGNATION: Low-Density Multi-Family Residential ZONING: R-2; ASSESSOR'S MAP #: 39 1 E 05DA; TAX LOT: 4900 SUBMITTAL DATE: DEEMED COMPLETE DATE: STAFF APPROVAL DATE: FINAL DECISION DATE: APPROVAL EXPIRATION DATE: July 15,2010 August 2, 2010 September 22, 2010 October 6,2010 October 6, 2011 DECISION The subject property is a private health care facility located on the north side of Maple Street, between Scenic and North Main Streets, east of the Ashland Community Hospital. The parcels are zoned R-2 and approximately 75,000 square feet in size. The tree is located in the landscaped portion in front of the building, between parking lot an~ the Maple Street right-of-way. The applicant has indicated that existing Sweet Gum has started to lift pavement in the parking lot and removing will help alleviate any future problems associated with the growing tree. Removal of the tree will not have negative impacts on erosion, water flow, tree densities or other environmental factors to the subject or adjoining properties. The applicant proposes to mitigate removal by replanting a Crimson Prince Japanese Maple, a smaller, more appropriate tree than the existing Sweet Gum in the same location. 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. B. Tree that is Not a Hazard: The City shall issue a tree removal permit for a tree that is not a hazard tIthe applicant demonstrates all of the following: 1. The tree is proposedfor removal in order to permit the application to be consistent with other applicable Ashland Land Use Ordinance requirements and standards. (e.g. other applicable Site Design and Use Standards). The Stqff 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 PA #2010-00912 135 Maple SliMP Page 1 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 pla,cement 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 J 8.6 J. 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 2010-00912 is approved with the following conditions. Further, if any one or more of the following conditions are found to be invalid for any reason whatsoever, then Planning Action 2010- .00912 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 Yz - 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 applicant shall submit to the City of Ashland Planning Division, in writing, their chosen option for (~~{to the tree removal. ) , I "\ ' 7'Z . Mofnar, irector Department Community Development PA #2010-00912 135 Maple StlMP Page 2 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 ASHLAN NOTICE OF APPLICATION PLANNING ACTION: 2010-00912 SUBJECT PROPERTY: 135 Maple Street OWNER/APPLICANT: Linda Vista/Southern Oregon Tree Care DESCRIPTION: A request for a tree removal permit to remove an 11 inch Diameter Breast Height Sweet Gum Tree located in front of the Linda Vista Care Center adjacent to Maple Street. COMPREHENSIVE PLAN DESIGNA TION: Low-Density Multi-Family Residential; ZONING: R-2; ASSESSOR'S MAP #: 391E05DA; TAX LOT: 4900. NOTE: The Ashland Tree Commission will also review this Planning Action on September 9, 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: August 26,2010 DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: September 9, 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. kioo 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) G:lcomm-devlplanninglNotices Mailed\20 1 0\20 10-00912,doc 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 August 26, 2010 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 #2010-00912, 135 Maple St. Comm-DevlPlanningl Templates 1.1 .....:.~// ..,i..... , . J'./3!lOO,' 'j 4100 '.'c. i)ll.{N} ..... 'if ~'/::'~.,~ ~~;~~~/~/'31OO r , .~~~ I ~" r'rN.r;;'~~i' 1300 rT 111:,_1- . lJ"~t~~ L 110a, noo GRANT .200 ~11.1'!1'1 ......~, r ...... 00(K}.jJ 00000 I... .1 9001" 9001~ i I . 1001 [n~llr .,;p1f'U'U' 3IlOO 3100 ,I 5J01 400 !lOO 2:100 2001 2:002: 1'1MlO 300() 3W() 3100 3302: 3304 1.9400'" 9300 "1 I" 1.............................w.......I~ I 9!lOO I 0000 ! ~ . 9200 1.........................j.....................IQ. I j;1O~' I: .{;t~ I.~ NU,f.lsmRY 3.M)3 4103 3002: 3100 " a, 3a00 4.34W 3ilOO 4100 4200 ,....105001................1 ~()41 1"0~1 .. ........./..".. I ,,0!lJi00 Ii' . ...., I 18100 @ Please recycle with colored office grade paper 6fi.OO .JACKS0N C0UNTY 1M INFORMATION TECHNOLOGY Map Maker Application Front Counter Legend Highlighted Feature the Buffer lheBufferTarget Tax Lot OuUlnes Tax Lol Numbers .200 1100 ~1JI I. f1' 3ilOO 6ilOO \. I 8:aoo \\ 1(J(J() I \\ " " L;.;.3!lOO \\ 1100 rpoj'-'); :-. ".i"""- ! '.. '8.01 .. . ..... .1 13(10 11ilOO t:.~~I~'Y"1500 . . . ..lIDl;;.<i/'/J~i,..;<!)i/;<i.<i/i..:wi/11J~ JACKSON COUNTY Oregon Created with MapMaker " j I I . ,.'\ ThIs map Is based on a digital database ! complied by Jackson County From a variety l of sources. Jackson County cannot accept ! responsibily for errors, omissions, or - J1 positional accuracy. There are no ~ warranties, expressed or Implied. Map created on 8/17/2010 9:38:42 AM using web,Jacksoncounty,org Easy Peelllll Labels Use Avery@ Template 5160@ PA-2010-00912 391E05AD 601 . ACH FOUNDA nON PO BOX 98 ASHLAND OR 97520 PA-2010-00912 391E05AD 702 ASHLAND MEDICAL PLAZA LLC 320 SCENIC DR ASHLAND OR 97520 PA-2010-00912 39lE05DA 5200 CONROY EVELYN MARIE 563 ROCK ST ASHLAND OR 97520 PA-2010-00912 391E05AD 701 EPSTEIN WILLIAM S ET AL 648 MAIN ST ASHLAND OR 97520 PA-2010-00912 391E05DB 90004 GRAUER JAMES 565 SCENIC DR ASHLAND OR 97520 PA-2010-00912 391E05AD 7100 KOHLER LAUREL M 667 MAIN ST ASHLAND OR 97520 PA-2010-00912 391E05DA 5100 MAYNARD JIM 559 S MOUNTAIN ASHLAND OR 97520 PA-2010-00912 391E05AD 7400 MITCHELL REX G/LEE ANN 256 LOST TRAIL PL IDAHO FALLS ID 83404 PA-2010-00912 391E05DA 6200 PADILLA GISELA 112 MAPLE ST ASHLAND OR 97520 PA-2010-00912 391E05DB 300 SARTORIUS DEIRDRE TRSTE FBO 41901 HUMBUG WAY PORT ORFORD OR 97465 Etiquettes faciles a peler Utilisez Ie aabarit AVERY@ 5160@ .to Feed Paper Bend along line to expose Pop-Up Edge™ PA-2010-00912 391E05DB 90001 ADDICOTT LLC ET AL 2260 SOLD HWY 99 ASHLAND OR 97520 PA-2010-00912 391E05DB 90003 BARKER JARYN IRIS/BECKWITH PETER JONA THA 6480 OAKWOOD DR OAKLAND CA 94611 PA-201O-00912 391E05DB 80004 COX ROBERT J/NANCY ZUFICH 615 ASHLAND ST ASHLAND OR 97520 PA-2010-00912 391E05DB 2500 FEDERAL NATIONAL MORTGAGE ASSOCIA nON 400 COUNTRYWIDE WAY SV -35 SIMI VALLEY CA 93065 PA-201O-00912 391E05DB 80002 INGLE GLEN F/ILA 1585 SAMEDRA ST SUNNYVALE CA 94087 PA-2010-00912 391E05DA 5400 L1LL Y JOSEPH FLINT/GRETA THERESE 535 ROCK ST ASHLAND OR 97520 PA-2010-00912 391E05DA 5300 MCNAB MICHAEL/MAXINE 388 POMPANO CIR FOSTER CITY CA 94404 PA-201O-00912 391E05DA 5500 NOVICK VICTOR C/TSUT AE H 532 SCENIC DR ASHLAND OR 97520 PA~201O-00912 391E05DA 6300 PHILLIPS EDWIN L TRUSTEE ET AL 7417 QUIET DR ANDERSON CA 96007 PA-2010-00912 391E05DB 80005 SOMMER JULIA MARGARET TRUSTEE/ 1158 VILLAGE SQUARE DR ASHLAND OR 97520 .... Sens de I Repllez ilia hachure afin de I .....&,,""1....... 1-. ...fth.........I D__ II_TM I ~ AVERY@ 5160@ 1 PA-2010-00912 391E05DB 90002 ALBERS KENNETH L/CA THERINE 569 SCENIC DR ASHLAND OR 97520 PA-201O-00912 391E05DB 80003 BERGEN ROBERT L/STEELE SAMANTHA 1020 WILDWOOD WAY ASHLAND OR 97520 PA-201O-00912 391E05DA 6100 DELUCA RONALD L 228 MORNINGLIGHT DR ASHLAND OR 97520 PA-201O-00912 391E05DA 5000 FOGG CHARLES DOUGLAS ET AL 11495 202ND BORING OR 97009 PA-2010-00912 391E05AD 7500 JARVIS WILLIAM C ET AL 639 N MAIN STREET ASHLAND OR 97520 PA-2010-00912 391E05DA 5302 MASTERS LOWELL F/SUSAN A 10620 AMBLEWOOD AVE LAS VEGAS NV 89144 PA-2010-00912 391E05DA 5301 MENDOZA THERESA L 1094 SHORELINE DR SAN MATEO CA 94404 PA-201O-00912 39lE05DA 4700 OREGON ST A TE/DEPT OF TRANS 434 TRANSPORTATION BLDG SALEM OR 97310 PA-2010-00912 391E05AD 7300 RUCK CAROL YNE L 622 SCENIC DR ASHLAND OR 97520 PA-2010-00912 391E05AD 7200 THIRKILL MICHAEL EUGENE TRUSTEE ET AL 7772 RAPP TALENT OR 97540 www.avery.com Michael Pina July 27, 2010 Assistant Planner City of Ashland Planning Division Dear Mr. Pina, In recap of our phone conversation today about the landscaping plan at Linda Vista Care Center, we are only asking for permission to remove one tree. This is a Sweet Gum tree adjacent to our parking lot that has begun to lift the pavement. We are planning to replace it with a Japanese maple tree called a "Crimson Prince". I am including a copy of the landscape plan showing this change. Thank you, ~~ ~~ 7Z~~ Candace Burton Brenda Thornton Director of Rehabilitation Nursing Home Administrator Linda Vista Care Center Linda Vista Care Center ~ ~ } ~ \ f f I I \ 10 \0 jJl-~ " () ~..:;91/'" ~:., :1 @ ) i0 0{ ~ cT-\.~ ~ ~ ~ \~~ ~ ) A ~ ~ ~. @ ~ ~ ~ ~0 ...., ~ It d Cl Cl ~ C> ~ ~ ~, '> ~ ~ '" ~ ~ ; , , () ....-" '\ " , 1; Owner's Name: FOGG CHARLES D/PAMELA JO Phone: Customer #: 03600 State Lic No: SOUTHERN OREGON TREE CARE City Lic No: Applicant: Address: Sub-Contractor: Phone: Address: Applied: 07/15/2010 Issued: 07/15/2010 Expires: 01/11/2011 Phone: State Lic No: Maplot: 391 E05DA4900 City Lic No: DESCRIPTION: Linda Vista Cafe Centef Tfee Removal Pefmit COMMUNITY DEVELOPMENT 20 East Main Sl. 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 Prepared by: SOUTH , LLC P.O. Box 5140 Central Point, Oregon 97502 (541) 772-0404 (541) 772-0804 Fax July 12,2010 Willie Gingg Southern Oregon Tree Care, LLC ISA Certified Arborist # PN - 5564A PO Box 5140 Central Point, OR 97502 (541) 772-0404 RE: Permission to remove two trees Linda Vista Nursing & Rehabilitation at 135 Maple St. in Ashland, Oregon is planning to re-Iandscape for aesthetic, practical and long term goals. Part of the process will be to remove a medium sized Catalpa (Catalpa speciosa) and a Sweetgum (Liauidambar styraciflua). These two trees are notorious for lifting sidewalks, dropping seeds that can trip people and being a maintenance issue, under the power lines as these are. The removal of these trees will not have a significant negative impact on erosion, soil stability, flow of surface waters, protection of adjacent trees, or existing windbreaks; and will not have a significant negative impact on tree densities, sizes, canopies and species diversities within 200 feet of property. Linda Vista Nursing & Rehabilitation will replant trees and shrubs that are better species for the site and within mitigation specifications laid out in city of Ashland land use code 18.61.084. Signed, Willie Gingg II FREE ESTIMATES II Tt'ee and Stump Removal II Cabling and Bracing II Expert Pmning and Tree Evaluation