CALL TO ORDER 
Chair Christopher John called the meeting to order at 6:00 pm in the Siskiyou Room of the Community Development and Engineering Services Building located at 51 Winburn Way.
 

Commissioners Present:	Council Liaison:
Maureen Batistella	Carol Voisin, absent
Mike Oxendine
Asa Cates	Parks Liaison:
Christopher John	Peter Baughman, absent
Casey Roland
Commissioners Absent:	Staff Present:
Russell Neff	Cory Darrow, Assistant Planner

 
APPROVAL OF MINUTES 
Oxendine/Batistella m/s to approve the minutes of November 3, 2016 Tree Commission meeting. Voice Vote: All ayes, motion passed unanimously.
 
PUBLIC FORUM
No audience members spoke.
 
TYPE I REVIEWS
PLANNING ACTION: PA-2016-02103                                                             
SUBJECT PROPERTY: 133 Alida Street
OWNER/APPLICANT: Mike and Karen Mallory, trustees for the Mallory Revocable Trust
DESCRIPTION: A request for Site Design Review approval to construct a 417 square foot Accessory Residential Unit for the property located at 133 Alida Street. The application includes requests for Exception to the Site Development and Design Standards for the placement and screening of parking relative to the Accessory Residential Unit.  (The proposal is based upon designation of Alida Street as the front lot line which is consistent with the established orientation of the historic contributing “James A. & Viola Youngs” house on the property.)COMPREHENSIVE PLAN DESIGNATION: Low Density Multi-Family Residential; ZONING: R-2; ASSESSOR’S MAP: 39 1E 09DA; TAX LOT #: 3300.
 
Darrow gave a staff report explaining the Commission is looking at the Tree Protection Plan.
 
Applicants Mike and Karen Mallory and Landscape Architect Kerry KenCairn 545 A Street were present to answer questions and explain the proposal.   Ms. KenCairn expressed the concern of the applicants to preserve all the trees on site. 
 
After a brief discussion the Commissioners made the following motion.
 
Oxendine/Batistella m/s to approve the tree protection as presented.  Voice Vote:  Batistella, Oxendine, John, Cates approved, Roland opposed.  Motion passed. 
 
 
PLANNING ACTION: PA-2016-02017 
SUBJECT PROPERTY: 565 Allison Street
APPLICANT: Randy Ellison
DESCRIPTION: This application requests a Tree Removal Permit to remove and replace two dying Birch trees from a six-unit multi-family property. COMPREHENSIVE PLAN DESIGNATION: Multi-family Residential; ZONING: R-2; ASSESSOR’S MAP: 39 1E 09 DB TAX LOT: 230.
 
Darrow gave his staff report explaining that there was a mistake on the noticing and this application is actually for one split trunk tree rather than two separate trees. 
 
Applicant Randy Ellison, 305 Liberty Street was present to answer questions and explain why they are requesting to remove the tree. The tree has been continually dying and will be mitigated with a deciduous tree. 
 
John/Oxendine m/s to approve the application as presented.  Voice Vote:  All ayes, motion passed.
 
Allan Sandler arrived late to the meeting and missed the public forum time on the agenda.  He asked the Chair for permission to speak for three minutes.  The Chair, Christopher John, agreed he could speak for a brief period of time.  
 
Mr. Sandler explained he has two trees in front of the Old Mason Building located at 25 North Main that will be coming out with the future construction of a new balcony off of the Granite Tap House.  Mr. Sandler asked the Commissioners for their recommendation of what trees to plant in their place. 
 
Commissioner Roland expressed his disapproval of what he felt was the topping of those trees prior to the approval of their removal.  Roland appeared to lose his composure and began to insult Mr. Sandler “challenging” him to meet in the parking lot.  At that point the other Commissioners told Mr. Sandler to choose a tree from the Street Tree Guide. A physical altercation nearly broke out but the Commissioners and applicants were able to intervene.
 
The Commissioners acknowledged Roland’s behavior was not acceptable and at one point asking him to leave the meeting.  Roland did not leave and the meeting continued.
 
PLANNING ACTION: PA-2016-02086                                                               
SUBJECT PROPERTY: 801 Ashland Street
APPLICANT: Rogue Real Estate
OWNER: Bobwig Limited LLC
DESCRIPTION:  This is a request to remove two hazardous Calocedrus Decurrens trees from the multi-family property at 801 Ashland Street. According to the arborist report both trees are damaging retaining walls which support foundation and structure of nearby buildings. In addition, the trunks of the trees are touching the structures eaves damaging the building.COMPREHENSIVE PLAN DESIGNATION: Single-Family Residential; ZONING: R-1-7.5; ASSESSOR’S MAP: 39 1E 09 DC TAX LOT: 10200.
 
All the Commissioners did a site visit.  The Commissioners agreed this application was pretty straight forward and removal seemed appropriate.
 
Oxendine/Cates m/s to approve the application as presented.  Voice Vote:  All ayes, motion passed. 
 
 
PLANNING ACTION: PA-2016-02212                                                             
SUBJECT PROPERTY: 549 East Main Street
APPLICANT: Len Gotshalk
DESCRIPTION: This application proposes to remove one potentially-hazardous Walnut tree and mitigate the removal with a Raywood Ash or similar species. COMPREHENSIVE PLAN DESIGNATION: Multi-family Residential; ZONING: R-2; ASSESSOR’S MAP: 39 1E 09 AC TAX LOT: 6100.
 
Darrow gave a staff report explaining the application says the Walnut tree encroaches on overhead wires and is lifting the foundation causing damage to the structure and driveway area.
 
Applicant Len Gotshalk, 1200 Butler Creek Rd explained why he wanted to remove the tree.  He stated the tree was not planted but most likely a volunteer.  Mr. Gotshalk also pointed out he had to repair the sewer line a couple of weeks ago due to the roots of the tree.
 
All the Commissioners did a site visit.
 
The Commissioners recommended mitigating with something other than a Raywood Ash in order to avoid more problems down the road.  A Maple or Oak was suggested as well as planting the new tree further away from the house.
 
Batistella/John m/s to accept the proposal as stated.  Voice Vote:  All ayes, motion passed.
 
PLANNING ACTION: PA-2016-02026                               
SUBJECT PROPERTY: 602 Glenwood Drive
APPLICANT: Yanneka De La Mater
OWNER: Boisvert Trust
DESCRIPTION:  A request for a Site Design Review to allow for the conversion of a portion of an existing residence to an Accessory Residential Unit (ARU) on the subject property. The proposed dwelling unit will be located entirely within the existing buildings footprint and will not require any exterior modifications.
COMPREHENSIVE PLAN DESIGNATION: Single-Family Residential; ZONING: R-1-7.5; ASSESSOR’S MAP: 39 1E 16AA; TAX LOTS: 600 & 700.
 
Darrow gave his staff report explaining that with this application no trees are proposed for removal.  The Commissioners just need to review the tree protection plan.
 
All the Commissioners did a site visit.
 
Applicant Yanneka De La Mater reviewed her plan with the Commissioners. Ms. De La Mater submitted additional information. See exhibit C. 
Batistella/John m/s to approve the application with no concerns.  Voice Vote:  Batistella, Cates, John, and Oxendine approved, Roland opposed, motion passed.
 
PLANNING ACTION: PA-2016-01890                                              
SUBJECT PROPERTY: 662 South Mountain Avenue
APPLICANT: Amy Gunter/Rogue Planning & Development Services
DESCRIPTION: This is a request to remove four non-hazardous Pondarosa Pine trees greater than 18-inches in diameter at breast height on a vacant property located at 662 South Mountain Avenue.
COMPREHENSIVE PLAN DESIGNATION: Single-Family Residential; ZONING: R-1-7.5; ASSESSOR’S MAP: 39 1E 16 AA TAX LOT: 9001.
 
Chair John, recused himself. 
 
Darrow gave a staff report. This application was reviewed by the Tree Commission last month at which time the Commission asked the applicant to mark the trees on site and submit additional information. 
 
All the Commissioners did a site visit.
 
Property owner Gil Livni, 2532 Old Mill Ashland, was present to answer questions and explain the application.
 
Batistella/Cates m/s to accept the petition to remove the five trees #2, 3, 4, 5 and 7 with the request that these removals be mitigated by at least ten conifers further that a continuous wall of tree protection fencing is installed to isolate the building footprint wrapping the trees along the Southern property line including tree X and tree #1.  Additional fencing to protect tree #6 in the Northwest corner of the three conifers at the Northeast corner on Fern.
 
Cates made an amendment.  That four inches of bark chips be placed around the remaining trees to the building footprint before the fencing is installed.  Also recommend following Southern Oregon Tree Cares report with concern about protecting the remaining trees.  Batistella seconded the amendment.
Voice Vote:  Batistella and Cates approved, Roland and Oxendine opposed.  Motion did not carry.       
 
PLANNING ACTION: PA-2016-02104                                              
SUBJECT PROPERTY: 183 West Nevada Street
APPLICANT: Barb Barasa
DESCRIPTION: This application requests Site Design Review approval to allow for a conversion of the garage into a 538 sq. ft. Accessory Residential Unit. The application also includes a request for an exception to street standards to not install city standard sidewalks trees and a request for an exception to provide mesh tree protection fencing instead of chain link. COMPREHENSIVE PLAN DESIGNATION: Single-family; ZONING: R-1-5; ASSESSOR’S MAP: 39 1E 04 BC TAX LOT: 2300.
 
All the Commissioners did a site visit.
 
Darrow reported no trees are proposed for removal but tree protection is required.  The applicant is requesting to use mesh fencing instead of chain link as the tree to be protected is away from the construction site. 
 
Property owner, Barb Barasa, 183 W Nevada was present to answer questions.  She mentioned one of the reasons she did not want to do the chain link fence was the expense of it. 
 
Roland made a motion to deny the use of poly fencing and require a chain link fence and he will absorb the cost.  The motion was not seconded.
 
Roland/Oxendine m/s to approve the tree protection plan but not allowing the mesh.  Voice Vote:  Cates, John, Batistella opposed, Roland, Oxendine approved.  Motion did not carry.
 
John/Cates m/s to accept tree protection plan as proposed.  Voice Vote:  Batistella, John, Cates approved, Roland Oxendine opposed.  Motion passed. 
 
PLANNING ACTION: PA-2016-02201                                       
SUBJECT PROPERTY: 221 Oak Street
OWNER: Spartan Ashland Natalie Real Estate, LLC
APPLICANT: Bemis Developments, Inc.
DESCRIPTION: A request for a modification of previously approved Planning Action #2015-01517 for the property located at 221 Oak Street.  The modifications requested include: 1) relocation of the recreation area to the east side of the property, between 209 and 221 Oak Street; 2)  relocation of the new cottage to the west side of the property, in the previously approved recreation area; 3) the addition of four new parking spaces; 4) the removal of one tree (Tree #1), the large cedar located at the northeast corner of the property near the driveway entrance; and 5) modifications to the design of the home being reconstructed at 221 Oak Street including the exterior treatment and roof pitch.  Also requested is an Exception to the Solar Setback requirement to allow the reconstructed home at 221 Oak Street to cast a shadow on the property to the north greater than would be cast by a six-foot fence built on the property line.  The owner of the property to the north has agreed to the proposed Exception.  (The previous approval granted Outline & Final Plan, Site Design Review, Conditional Use Permit, Variance, Exceptions and Tree Removal Permit approvals for the properties at 209-221-225 Oak Street and 11 B Street.)COMPREHENSIVE PLAN DESIGNATION: Low Density Multi-Family Residential; ZONING: R-2; ASSESSOR’S MAP: 39 1E 09BB; TAX LOTS: 15900.  
 
Chair John recused himself.
 
All the Commissioners did a site visit. Darrow gave his staff report.
 
Contractor Ed Bemis was present to represent the applicant.  He discussed the dangers that the large Cedar Tree located on Oak Street might propose. Additional information was distributed see exhibit A and B. 
 
Oxendine/Cates m/s to approve the tree removal request with recommendation that all of the chips from that tree be placed around the existing Cedar tree and that the tree is watered once a week throughout the summer to a depth of six inches.  All the trees on site are continued to be protected by the tree protection fencing that is currently up.  Voice Vote; Batistella, Cates, John, Oxendine approved, Roland opposed.  Motion passed. 
                                                                                                                     
PLANNING ACTION: PA-2016-01947                                              
SUBJECT PROPERTY: 549 Fairview Street
APPLICANT: Bob Haxton
OWNER: James Williams
DESCRIPTION: A request for a Site Design Review to allow for the construction of a 499 square foot second dwelling unit on the subject property. The proposed structure will be two stories with a single car garage located on the first floor and the dwelling unit on the second floor.COMPREHENSIVE PLAN DESIGNATION: Low Density Multiple-Family Residential; ZONING: R-2; ASSESSOR’S MAP: 39 1E 09CA; TAX LOT: 14100.
Darrow explained no trees are being removed but the Commission is to review the tree protection plans.
 
After reviewing the application the Tree Commission felt the tree protection plan was not adequate.
 
Oxendine/Roland m/s to deny until an adequate tree protection plan is submitted.  Voice Vote:  All ayes, motion passed.
 
PLANNING ACTION: PA-2016-02223                                                         
SUBJECT PROPERTY: 19 Granite Street
APPLICANT: John Reitan
DESCRIPTION: This application proposes to remove one potentially-hazardous Incense Cedar tree located along the driveway of 19 Granite Street. COMPREHENSIVE PLAN DESIGNATION: Single-family Residential; ZONING: R-2; ASSESSOR’S MAP: 39 1E 09 BB TAX LOT: 6100.
 
Darrow gave a staff report explaining the definition of a hazardous tree.
 
 
Oxendine/Cates m/s to approve with the recommendation to mitigate the tree on site with a small understory tree. Voice Vote:  Batistella, Cates, Oxendine, Roland approved, John abstained.  Motion passed.
 
TYPE II REVIEWS
PLANNING ACTION: PA-2016-02060                                                             
SUBJECT PROPERTY: 639 Tolman Creek Road
OWNER/APPLICANT: Southern Oregon Goodwill
DESCRIPTION: A request for Site Design Review approval for a renovation and addition to the existing Southern Oregon Goodwill store located at 639 Tolman Creek Road.  The application includes a proposed 7,461 square foot addition consisting of retail and warehouse space and the relocation and expansion of the covered drop-off area.  Also included is a request for a Tree Removal Permit to remove six trees that are greater than six-inches in diameter from the property.  COMPREHENSIVE PLAN DESIGNATION: Commercial; ZONING: C-1; ASSESSOR’S MAP: 39 1E 14BA; TAX LOT #: 14.
 
Darrow gave a staff report explaining the plans provided identify seven trees on the property, six of which are six-inches in diameter at breast height (d.b.h.) or greater.  All of the site’s trees are proposed for removal with the current proposal as they are noted as being in areas that will be disturbed with the building additions and associated site work for parking, circulation, plaza space and frontage improvements
 
After a discussion the Commissioners made the following motion.
 
Oxendine/Cates m/s to approve with the recommendation that they put tree guards on all the trees to protect against deer rub and that evergreen species be included on the planting list and increase the caliper size of proposed trees to a minimum of two inches. Voice Vote:  All ayes, motion passed unanimously.
 

18104564143498. Oregon Heritage Tree Protection Nomination - The Commissioners discussed the nomination of a Silver Maple by Southern Oregon University to the Oregon Heritage Tree Program.  Batistella volunteered to write a letter representing the Tree Commissions endorsement of Southern Oregon Universities proposal for a Silver Maple to the Oregon Heritage Tree Program and also to endorse Southern Oregon’s Universities nomination for the Silver Maple to the Ashland Heritage Tree Program.  

 The Commissioners discussed the behavior of Roland at this evenings meeting.  The Commissioners agreed that Roland’s passion and knowledge of trees has been greatly appreciated.  Though the Commissioners would like to see Roland remain on the Commission it was suggested that he draft a letter of apology.  Roland acknowledged it would be best if he resigned because he would continue to have difficulty keeping quiet and maintaining his professionalism.   He was reminded there should be a separation between personality and process as a representative of the Commission. 
 
Meeting adjourned at 9:35 p.m.
Respectfully submitted by Carolyn Schwendener