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Home My WebLink AboutOtis_247_PA-2013-01669 i CITY F ASHLAND December 9, 2013 Notice of Final Decision On December 6, 2013, the Community Development Director approved the request for the following: Planning Action: PA-2013-01669 Subject Property: 247 Otis Street Applicant: Gil Livni / UDS Description: A request for Modification of the previously approved plan for the open space/wetland area located on the western edge of the Helman Springs subdivision located at 247 Otis Street. The revised plan preserves the existing wetland, but does not expand it as originally proposed. Instead, the open space area outside the wetland boundary will be landscaped as an upland area with benches and pathways. The Community Development Director's decision becomes final and is effective on the 13th day after the Notice of Final Decision is mailed. Approval is valid for a period of one year and all conditions of approval identified on the attached Findings are required to be met prior to project completion. The application, all associated documents, and evidence submitted, and the applicable criteria are available for review 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. Prior to the final decision date, anyone who was mailed this Notice of Final Decision may request a reconsideration of the action as set forth in the Ashland Land Use Ordinance (ALUO) 18.108.070(B)(2)(b) and/or file an appeal to the Ashland Planning Commission as provided in ALUO 18.108.070(B)(2)(c). The ALUO sections covering reconsideration and appeal procedures are attached. The appeal may not be made directly to the Oregon Land Use Board of Appeals. If you have any questions regarding this decision, please contact Michael Piiia in the Community Development Department at (541) 488-5305. cc: Parties of record and property owners within 200 ft w i COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541.488-5305 51 Winbum Way Fax: 541-552-2050 \ Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.or.us r, ti ASHLAND PLANNING COMMISSION FINDINGS & ORDERS PLANNING ACTION: PA-2013-01669 SUBJECT PROPERTY: 247 Otis APPLICANT: Gil Livini / UDS DESCRIPTION: A request for Modification of the previously approved plan for the open space/wetland area located on the western edge of the Helman Springs subdivision located at 247 Otis Street. The revised plan preserves the existing wetland, but does not expand, it as originally proposed. Instead, the open space area. outside the wetland boundary will be landscaped as an upland area with benches and pathways COMPREHENSIVE PLAN DESIGNATION: Single-family Residential; ZONING: R-1-5; ASSESSOR'S MAP: 39 lE 04BC TAX LOT: 401 SUBMITTAL DATE: October 30, 2013 DEEMED COMPLETE DATE: November 15, 2013 STAFF APPROVAL DATE: December 4, 2013 APPEAL DEADLINE: December 16, 2013 FINAL DECISION DATE: December 17, 2013 APPROVAL EXPIRATION DATE: December 17, 2014 DECISION: The subject property is located north of Otis Street, west of Elizabeth Avenue, and is the westernmost parcel within the Helman Springs subdivision. The approximate 41,000 square foot property is the largest parcel of open space in the subdivision, and contains a delineated wetland as identified on local and state inventories. The property and surrounding uses are zoned R-1-5, and are established single-family homes. The application proposes to amend the project's previously approved open space plan by preserving the existing wetland, but not expand it as originally approved (PA-2007-00455). Instead, the applicant proposes to utilize the approximately 8,700 square foot area south of the identified wetland as a more `active' open space with landscaping, benches, and pathways. The original plan proposed to expand the delineated wetland slightly uphill to the south, thus. mitigating the loss of other smaller wetlands on-site into one large wetland with artificial water (both irrigation and storm run-off) designed to serve the upland area. At that time, the applicant felt loss of the smaller wetlands would be best mitigated by expanding the larger wetland on-site. This plan would have effectively prohibited people from interacting/entering the open space, thus rendering it unusable by the residents. The current applicant argues this plan was not feasible due to the area being uphill from the existing wetland, and required, unnecessary watering systems to mitigate the loss of the smaller wetlands. In addition,. when consulting with the Oregon Department of State Lands and the U.S. Army Corps of Engineers, both agencies agreed that a monetary credit purchase into a larger wetland mitigation bank would be a better solution for small-scale wetland impacts since on-site mitigation would have likely had significant problems. PA 2013-01669 247 Otis[W Page 1 Planning Action 2013-01669 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 2013-01669 is denied. The following are the conditions and they are attached to the approval: 1._ That all proposals contained within the application shall be conditions of approval unless otherwise modified below. 2. That all landscaping in the new landscaped areas shall be installed according to the approved plan, and tied into the existing irrigation system. It is the responsibility of the applicant to monitor and ensure that the plantings are established for a. minimum of three years, and to replace any plantings that fail to survive within that time period. 3. That trees adjacent to Drager Street shall be approved street trees from the Recommended reot ree Guid , and installed every 30 feet along street fiontage., Bi olnar, Community Development Director Date PA 2013-01669 M Otis/MP Page 3 PA-2013-01669 391E05AD 171 PA-2013-01669 391E05AD 513 PA-2013-01669 391E05AD 145 ANDERSON CRAIG M ANDERSON GILL E ET AL BISACCIA LANCE TRUSTEE ET AL 575 ELIZABETH AVE 328 OTIS ST 302 CAMBRIDGE ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR PA-2013-01669 391E04BC 6100 PA-2013-01669 391E04BC 5600 PA-2013-01669 391E04BC 400 BLACK MARJORIE LOVERING BOUSE ANN M CHAMBERS SYLVIA 744 PALMER RD 290 CAMBRIDGE ST 655 ALTAMONT ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2013-01669 391E04BC 6300 PA-2013-01669 391E04BC 5400 PA-2013-01669 391E04BC 419 COCHRAN JOSEPH FBARBARA A COPELAND SANDRA LEE DANIEL PAUL 495 WILLOW ST 266 CAMBRIDGE 623 DRAGER ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2013-01669 391E05AD 159 PA-2013-01669 391E04BC 5300 PA-2013-01669 391E04BC 402 DOVZAK CARRIE DUSENBURY REGINA C FLORIAN FAMILY TRUST ET AL 1317 BLAKE ST 254 CAMBRIDGE ST 664 DRAGER ST BERKL,EY, CA 94702 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2013-01669 391E05AD 168 PA-2013-01669 391E05AD 162 PA-2013-01669 391E05AD 500 FLYNN KEVIN/ROXANNE HILL LINDA MARLENE JAFFE ROBERTA 605 ELIZABETH AVE 2067 OAK ST 344 OTIS ST ASHLAND, OR 97520 SOUTH PASADENA, CA 91030 ASHLAND, OR 97520 PA-2013-01669 391E05AD 164 PA-2013-01669 391E05AD 160 PA-2013-01669 391E04BC 5500 JENSEN STEVE/CAROL KALB JOHN M/SHARI L KNUDSEN SANDRA L 355 OTIS ST 580 ELIZABETH ST 276 CAMBRIDGE ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2013-01669 391E04BC 6500 PA-2013-01669 391E04BC 1100 PA-2013-01669 391E05AD 506 LANG JUDITH M LEWANDOWSKY KATHRYN A LIND LAUREN 320 OTIS ST 12805 JIM CREEK RD 332 OTIS ST ASHLAND, OR 97520 ARLINGTON, WA 98223 ASHLAND, OR 97520 PA-2013-01669 391E05AD 170 PA-2013-01669 391E05AD 158 PA-2013-01669 391E04BC 421 MAAG MICHAEL K/GWENEVERE L MACDONELL DOUGLAS M/SUE M MAGNOLIA INVESTMENT LLC 585 ELIZABETH ST 150 HIGH ST 2532 OLD MILL WAY ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2013-01669 391E04BC 6200 PA-2013-01669 391E04BC 6700 PA-2013-01669 391E05AD 169 MCKENZIE MICHAEL TRUSTEE ET AL MEST ALAN D TRUSTEE ET AL MILLER JOHN A/SANDY LAFLEUR 8515 31 ST ST NW 2009 VOORHEES AVE 2327 E BROOKSIDE AVE SEATTLE, WA 98107 REDONDO BEACH, CA 90278 ORANGE, CA 92867 PA-2013-01669 391E05AD 161 PA-2013-01669 391E04BC 5900 PA-2013-01669 391E04BC 5200 PALOMA P MARIE PATTON CLAY/LAURIE PERRY ANTIONE R/SARAH J 570 ELIZABETH AVE 265 RANDY ST 705 WILLOW ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2013-01669 391E04BC 6600 PA-2013-01669 391E05AD 166 PA-2013-01669 391E05AD 507 RING ERIC W ET AL STAVENHAGEN JANET TRUSTEE STOUT CARLYLE F III ET AL 481 WILLOW ST 305 RANDY ST 356 OTIS ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2013-01669 391E04BC 5700 PA-2013-01669 391E05AD 165 PA-2013-01669 391E04BC 6400 STRATTON JOHN D TRUSTEE ET AL TIERNEY CARYN L ET AL VANDERWERF JESSE P O BOX 214 295 RANDY ST 300 OTIS ST JACKSONVILLE, OR 97530 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2013-01669 PA-2013-01669 391E04BC 5800 PA-2013-01669 391E05AD 167 URBAN DEVELOPMENT SERVICES WOOD WANDA JO TRUSTEE FBO WYNN BETTY TALBOT TRUSTEE 485 W. NEVADA STREET 275 RANDY ST 1200 MIRA MAR AVE 430 ASHLAND, OR 97520 MEDFORD, OR 97504 ASHLAND, OR 97520 ROBERT LOBDELL 40 DEPARTMENT OF STATE LANDS 247 Otis 775 SUMMER ST. NE #100 12-9-2013 SALEM, OR 97301 I 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 December 9, 2013 1 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 #2013-01669, 247 Otis Street. Signature of Employee G:lcomm-devlplanninglTemplateslTEMPLATE_Affidavit of Mailing-Planning Action Nofice.dot 1216/2013 i 6 f i - Planning Department, 51 Win.ln Way, Ashland, Oregon 97520 k C I T Y F 541-488-5305 Fax:541-552-2050 www.ashland,or.us TTY:1-800-735-2900 - NOTICE OF APPLICATION PLANNING ACTION: 2013-01669 SUBJECT PROPERTY: 247 Otis St. OWNER/APPLICANT: Magnolia Investments/Urban Development Services DESCRIPTION: A request for Modification of the previously approved plan for the open space/wetland area located on the western edge of the Helman Springs subdivision located at 247 Otis Street. The revised plan preserves the existing wetland, but does not expand it as originally proposed. Instead, the open space area outside the wetland boundary will be landscaped as an upland area with benches and pathways j COMPREHENSIVE PLAN DESIGNATION: Single-family Residential; ZONING: R-1-5; ASSESSOR'S MAP: 39 IE 04BC TAX LOT: 401. NOTICE OF COMPLETE APPLICATION: November 15, 2013 DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: November 29, 2013 3 -..29.+ L8~ :.-I 701 I 700 701 X76 l j 265 i 263 i 1. j i- 2 I Ifl5 205 i _ RANDY ST 605 f,.3i l {l;[11 15 lf3'..-!S 1 ter.. szz ~z-~-'r__a 200 - 255 gp 262 664 j } I 599 A 5JD 6 i 1 590 i i~ 1 L. I 622 608 64 f 650 M'' DRAGER ST Cn 59' ~ sa7 A Q' N i 63G J 62J 413 601 591 678 - ~J. 570 I 570 f 677 B _U 1577 A - i I 31 5 ~ ~ _ 580 - 301 221 6 221 A ,A' 11 ii- it 17 267 270 269 261 261 - - OTI S ST [247 bject Property: 537 N Otis (Wetland/Openspace) d92 1 E 04BC 401 R 5 314 r I i 0 30 60 120 Feet P ol-ly lines turn for inference oW41, Rut -aleable 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. ocx FINAL PLAN APPROVAL 18:88.030.13.5 Criteria for Final Approval Final plan approval shall be granted upon finding of substantial conformance with the outline plan. Nothing in this provision shall limit reduction in the number of dwelling units or increased open space provided that, if this is done for one phase, the number of dwelling units shall not be transferred to another phase, nor the open space reduced below that permitted in the outline plan. This substantial conformance provision is intended solely to facilitate the minor modifications from one planning step to another. Substantial conformance shall exist when comparison of the outline plan with the final plan shows that; a. The number of dwelling units vary no more than ten (10%) percent of those shown on the approved outline plan, but in no case shall the number of units exceed those permitted in the outline plan. b. The yard depths and distances between main buildings vary no more than ten (10%) percent of those shown on the approved outline plan, but in no case shall these distances be reduced below the minimum established within this Title. c. The open spaces vary no more than ten (10%) percent of that provided on the outline plan. d. The building size does not exceed the building size shown on the outline plan by more than ten (10%) percent, e. The building elevations and exterior materials are in conformance with the purpose and intent of this Title and the approved outline plan. f. That the additional standards which resulted in the awarding of bonus points in the outline plan approval have been included in the final plan with substantial detail to ensure that the performance level committed to in the outline plan will be achieved. g. The development complies with the Street Standards. (ORD 2836, 1999) Wcomm-dev\planning\Planning Actions\Noticing FolderWailed Notices & Signs\2013\PA-2013-01669.docx 'F AFFIDAVIT OF MAILING STATE OF OREGON ) County of Jackson ) The undersigned being first duly sworn states that: 1. 1 am employed by the City of Ashland, 20 East Main Street, Ashland, Oregon 97520, in the Community Development Department. 2. On November 15,2013 1 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 #2013-01669, 247 Otis St. Signature of Employee Documend 11/1512013 ~m {~6 i `i ~a ~ n t+ Ott r .i En E^ m 7 t. ¢ t4 i7~ a 5 c o€ c b ca ay =R rT e ~ n m n un d dy ~ a PA-2013-01669 391E04BC 6600 PA-2013-01669 391E05AD 166 PA-2013-01669 391E05AD 507 RING ERIC W ET AL STAVENHAGEN JANET TRUSTEE STOUT CARLYLE F III ET AL 481 WILLOW ST 305 RANDY ST 356 OTIS ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2013-01669 391E04BC 5700 PA-2013-01669 391E05AD'165 PA-2013-01669 391E04BC 6400 STRATTON JOHN D TRUSTEE ET AL TIERNEY CARYN L ET AL VANDERWERF JESSE P O BOX 214 295 RANDY ST 300 OTIS ST JACKSONVILLE, OR 97530 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2013-01669 PA-2013-01669 391E04BC 5800 PA-2013-01669 391E05AD 167 URBAN DEVELOPMENT SERVICES WOOD WANDA JO TRUSTEE FBO WYNN BETTY TALBOT TRUSTEE 485 W, NEVADA STREET 275 RANDY ST 1200 MIRA MAR AVE 430 ASHLAND, OR 97520 MEDFORD, OR 97504 ASHLAND, OR 97520 ,ROBERT LOBDELL DEPARTMENT OF STATE LANDS 775 SUMMER ST. NE #100 SALEM, OR 97301 i I III j i j PA-2013-01669 391E05AD 171 PA-2013-01669 391E05AD 513 PA-2013-01669 391E05AD 145 ANDERSON CRAIG M ANDERSON GILL E ET AL BISACCIA LANCE TRUSTEE ET AL 575 ELIZABETH AVE 328 OTIS ST 302 CAMBRIDGE ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR PA-2013-01669 391E04BC 6100 PA-2013-01669 391E04BC 5600 PA-2013-01669 391E04BC 400 BLACK MARJORIE LOVERING BOUSE ANN M CHAMBERS SYLVIA 744 PALMER RD 290 CAMBRIDGE ST 655 ALTAMONT ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 i PA-2013-01669 391E04BC 6300 PA-2013-01669 391E04BC 5400 PA-2013-01669 391E04BC 419 COCHRAN JOSEPH FBARBARA A COPELAND SANDRA LEE DANIEL PAUL 495 WILLOW ST 266 CAMBRIDGE 623 DRAGER ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2013-01669 391E05AD 159 PA-2013-01669 391E04BC 5300 PA-2013-01669 391E04BC 402 DOVZAK CABBIE I DUSENBURY REGINA C FLORIAN FAMILY TRUST ET AL 1317 BLAKE ST 254 CAMBRIDGE ST 664 DRAGER ST BERKL.EY, CA 94702 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2013-01669 391E05AD 168 PA-2013-01669 391E05AD 162 PA-2013-01669 391E05AD 500 FLYNN KEVIN/ROXANNE HILL LINDA MARLENE JAFFE ROBERTA 605 ELIZABETH AVE 2067 OAK ST 344 OTIS ST ASHLAND, OR 97520 SOUTH PASADENA, CA 91030 ASHLAND, OR 97520 PA-2013-01669 391E05AD 164 PA-2013-01669 391E05AD 160 PA-2013-01669 391E04BC 5500 JENSEN STEVE/CAROL KALB JOHN M/SHARI L KNUDSEN SANDRA L 355 OTIS ST 580 ELIZABETH ST 276 CAMBRIDGE ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2013-01669 391E04BC 6500 PA-2013-01669 391E04BC 1100 PA-2013-01669 391E05AD 506 LANG JUDITH M LEWANDOWSKY KATHRYN A LIND LAUREN 320 OTIS ST 12805 JIM CREEK RD 332 OTIS ST ASHLAND, OR 97520 ARLINGTON, WA 98223 ASHLAND, OR 97520 PA-2013-01669 391E05AD 170 PA-2013-01669 391E05AD 158 PA-2013-01669 391E04BC 421 MAAG MICHAEL K/GWENEVERE L MACDONELL DOUGLAS Tv/SUE M MAGNOLIA INVESTMENT LLC 585 ELIZABETH ST 150 HIGH ST 2532 OLD MILL WAY ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2013-01669 391E0413C 6200 PA-2013-01669 391E04BC 6700 PA-2013-01669 391E05AD 169 MCKENZIE MICHAEL TRUSTEE ET AL MEST ALAN D TRUSTEE ET AL MILLER JOHN A/SANDY LAFLEUR 8515 31 ST ST NW 2009 VOORHEES AVE 2327 E BROOKSIDE AVE SEATTLE, WA 98107 REDONDO BEACH, CA 90278 ORANGE, CA 92867 PA-2013-01669 391E05AD 161 PA-2013-01669 391E04BC 5900 PA-2013-01669 391E04BC 5200 PALOMA P MARIE PATTON CLAY/LAURIE PERRY ANTIONE R/SARAH J 570 ELIZABETH AVE 265 RANDY ST 705 WILLOW ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 HELIILANSPRINGS SUBDIT ISIOAT ADD ENDITAI NoveiyJwr 6°i, 2013 In response to stars initial review of the Furdungs of Fact arncl slgnpo1tung docti merits for the application submitted November 1St 2013, for the Helrnan Springs Subdivision, please foul attached a the reviSecl planting plan designed by the project's Wetland Biologist incorporating staff's recommendations which included : • Replacing the Ponderosa Pine on the comer of Drtager and Rarncly Street in order to avoid potential vi` ion clearance problems. Tlie neav tree will be a Big Led-Maple,. • Removed seven trees from the plan intended for the "upland" portion of the open space area. Staffs sLigg,estion was intended to help achieve the applicant's goal of a more useable open space area and the cltvter of trees, icn hirnclsigNn ~votlld Dave restricted this goal. Staff xis a Iso requested clarification on fl-le followitig: • Timing of Open Space Improvements: Improvements are to begirt iuunediately. Trees and plantipgs Dave been ordered ii accordarnce with the plan and the work luts been sclieduled this week (November 13th, 2013). • hrigation of the Plantings: All new trees will be irrigated by the open space's existing iiiigation system tln<at mi , aloi-ify the perimeter of the open space aiva. From the perimeter ii-iigation system, drip lures will be extended to the rnelvly plin7ted trees. Note: The Upland C_Trotundcover is not intended to be nYgatecl by .design per the project's Biologist- Further, the groundcover chosen by the Biologist, if planted during the wetter and sprn~ ~vlYlnotneed initial iurigation • Maintenance: The open space's wetlands and upland area's nimatelname will be nuaiiaged by the subdivision's Home Owners Association, specifically codified in the project's existing Conditions, Coverkirits and Restrictiolns, • Division of State Lands - Resolution: As staff is aware, the north end of Drager Street encroached L4xan acid filled a sniallpoitioii of the site's wetlands as oligirnally desialed and approved. The fill plan was also approved by the Division of State Lands, work was completed, but remailned open without final itnspection dLie to the fact the oripginal de-,Feloper abandoned the project due to the poor economy. TI-le cturelnt developer was Luiiware of tlne circtnnstar7ces itrhen he obtained the property, but nevertheless as tlne ctnrent property oavrrer ivas tined as the fill permit expired. Teat said, the developer leas since corrected all renitunicig issues with the Division of State Lands by rnot only payft-g a $3,000 fiche for the expiration but laas also paid an additiolnral $45,000 it in Motion credits for a more biologically beneficial wetland in the region. Further, the site's open space, including wetlands, are not being reduced in area and will ren-mn as open space as oniginlally plarnned with the initial sLabdIViSioln. hi corichision, the applicalnt is requesting tine approval of tine open space modifcatioln plsan as submitted herein. The applicant is also requesting some latitude be given to the developerlapplicalnt Gil Ln71* Magnolia Investments, and allow Mr. Livnni to continue eoln.,truction beyond the subdivision's lnicntln bui dirng pelinit, but instead extend the final icaspection of the subdivision's open space and con-anon area improvernelnts to the subdivision eleverntli permit n-lnich win allow the applicarnt. to contirnue to complete - 1 ! <i h F his obligations to the l is home bLryers alul at the salve tube retain the City's ability- to e1-LgLUe the open space and common area work is completed to satisf, doly stanlar&s. For mn), additional clarlflcatlonv, please feel free to contact ether Gil Li\'l-* Property Owner/Applicant. at. 510-913-5110 or Afark Knot, Plarmi-a agent at 541-821-3752. - - 2~Page 20-ft buffer ttoa sgnirrcant: n ' Wetland rredfinenF'II{{I / 1) Removo allnoxio~city . of !nYa➢iVe 9 ecies as # J ' Ashland 'Stream and Welland - F Enhancement Guide,' Nov, 2011, kl£5 N listed in Appendix 8. r .,w 2) Plant al! barren ground with i ° UMB ! Grin following native gropndcovu; i i'- i~ Solt rush plug (,Pincus ellusus} - - - - s SmoT1 frv,ted bulrush, plug % , (SCirpus m croearpus blim nt reodgross, seed (Colamogrestis canodeast's, and Roomers fescue; r f. scrod (Festuca rosmadj) ' ~l'fry)S s fhf 1" a$ur~z VYLs ttA4NAI.An s Buffer and Adjacent Upland i r-i,1 z Orourdcover' J upland grsiuA*0var mix lncf dng; ~P ON Wt~~''r a j- Fesf~orubro, Llymus gtducus, ~ ~ fi Bramus cagnarv$, Ach,dlea = =7 d myla&rrum, fechsholzia califomiaa, Lanicera hispidula and Lupinui Common_ Home s l.+ntir,a Name . f ~ Q _ UEK£L C40EC incense csdar. Cafocedrus decurmns qy0 -PINPON Panderoso pine P;nus pandsroso - -"'F D£ R ; Cldd6G1L Oregan myrtle Clmbeltutaria salrforrmita OUEKa Catifar. black ook Ouerebs kelloggd, - t s Acwc BIg-leaf maple Aces mocrophAom ACCME Autumn Fire vapta- Acer freeman;, jeffrred s . i - $jj$(l$g Common Nome T/ f 1790 Name SnenItfiC i CORSTO Red-osier dagwood Comas stolanifera - l - RIBSAN flowering currant Rr'Ses. songuineum O£MGER Osabefry Oemleda cerasifarmis 9 r / SSUICER Blue cZberberry Sombucus aerulva SYLtALB Soowt~rfy Symphorieorpus 4fts SALLAS Padre willow Sallx lasiondra, Iucldo SAL SCO scouler's willow Salix Scoukriona AlAHAOU Oregon Crapo Mahonia oqu;loium SP1A?U Douglas` spirea Sp'- douglasi ~ t jrF'' J PlNPON tr ` 1 T~ ~ I 4\ i ~rEFRE l y' r ~ ~ - _ y-I f i ` 'C` Existing Trees 7' f 3rI r I 'r'T' PLANTING PLAN FIGURE 1 NATURAL MAGNOLIA INVESTIVIENT/tIELMAN SPRINGS DEVELOPMENT R~ OURCE Ashland, Jackson County, Oregon CONSULTING Apprommate Scale 1 inch 50 \Iovember 5, 2013 rev. uurce., Ken('airn site surveil. 2009 Zimbra https://zii-nbra.asWand.or.us/zimbra/h/printmessage?id=34569 t 1 ra pinam@ashland.or.us + Font Size - ® Magnolia Investments/Ashland 7350-ENF Resolution - - - - - From : Mark Knox <knox@mind.net> Wed, Nov 06, 2013 11:10 AM Subject : FW: Magnolia Investments/Ashland 7350-ENF Resolution To : michael pina <michael.pina@ashland.or.us> Cc : 'Heiman' <helmansprings@gmail.com>, 'michael holscher' <mwholscher@gmail.com> Michael, As I did yesterday with the revised wetland and open space planting plan, I'm forwarding this e-mail to you from Bob Lobdell, Division of State Lands, per our conversation yesterday at the counter in order to continue to clarify any remaining matters staff may have on the issue in order to expedite the process and move towards a resolution for Gil Livni. As I stated yesterday, the Civil Penalty noted was not really a typical violation one would assume with a wetland violation as the only violation herein was due to an expiration of the original permit. Regardless, the issue is now completely resolved as Gil minutes ago paid the penalty with his visa. I'll have the final addendum request into staff this afternoon, but please let me know if there are other issues. Thanks and see you shortly. - Mark From: LOBDELL Robert [mailto:bob, lobdell@state.or.us] Sent: Wednesday, November 06, 2013 10:41 AM To. Gil@camagra.net Cc: knox@mind.net Subject: RE: Magnolia Investments/Ashland 7350-ENF Resolution Hi Gil, Per our conversation this morning I have talked with Bill Ryan, DSL Assistant Director regarding your civil penalty and closure of your enforcement file 7350-ENF. I have reviewed your request for reduction of civil penalty and have discussed this with DSL upper management and have received approval to proceed with resolving this violation case. We agree to reduce the P factor to al. We do not agree to change the I factor which will remain a 3. This means that the civil penalty was reduced from 6000.00 to 3000.00 and is payable anytime. You have already provided proof of purchase of mitigation credits to offset the loss from the project/violation so nothing else needs to be done with regards to wetlands compensation. Please pay the 3000.00 civil penalty upon receipt of this email. You can either pay by check or by visa if you wish. If by visa, just ask how and I'll put you to my assistant for instructions. If you pay by check, reference enforcement file 7350-ENF on the check. Once the civil penalty payment in the amount of 3000.00 is received, DSL will close this enforcement file. Please forward this email to the City of Ashland so your building permits may be issued, there shouldn't be any need to hold that up since the wetlands are filled and are going to stay filled. I would be happy to contact the city for you just give me a name and number. Thanks, Robert Lobdell Resource Coordinator-Enforcement Southern Region-WWCD Department of State Lands 7 1 of 3 11/7/2013 8:16 AM Zimbra https://zimbra.ashland.or.us/ziinbra/li/printinessage?id=34569 503-986-5282 Phone 503-378-4844 Fax From: Gil Livni [mailto:gil@camagra.net] Sent: Wednesday, October 16, 2013 9:08 PM To: LOBDELL Robert Cc:knox@mind.net Subject: RE: Magnolia Investments/Ashland Hello Mr. Lobdell, I am attaching my response to your findings, thank you very much for giving me the opportunity to respond. Thank you, Gil Livni - - - - - - - - From: LOBDELL Robert [mailto:bob. lobdel10)state.or.us] Sent: Friday, September 27, 2013 11:23 AM To: Gil Livni Cc: michael holscher Subject: RE: Magnolia Investments/Ashland Hi Gil, See attached civil penalty worksheet, if you feel the civil penalty is excessive please provide a request for reduction in civil penalty and provide your rationale of why. The civil penalty calculation works out to a 6000.00 civil penalty. I will take your request to DSL management for consideration prior to finalizing the resolution of this violation. Thanks for your time talking this morning. Robert Lobdell Resource Coordinator-Enforcement Southern Region-WWCD Department of State Lands 503-986-5282 Phone 503-378-4844 Fax From: michael holscher [mailto:mwholscher@gmail.com] Sent: Thursday, January 17, 2013 11:40 AM To: LOBDELL Robert Cc: Gil Livni Subject: Magnolia Investments/Ashland Bob, The contact infonnation is a follows, Gil Livni Magnolia Investments, LLC 2532 Old Milt Way Ashland, OR 97520-1893° 510-913-5110 Mike Holscher, PWS No virus found in this message. Checked by AVG - www.ayg.com 2 of 3 11/7/2013 8:16 AM Zimbra https://zimbra.ashland.or.us/zimbra/b/printtnessage?id=34582 E dmi ra pinam@ashiand.or.us + Font Size - Fwd: Confirmation Receipt - - - - - - - - - - - - - - From : M Knox <knox@mind.net> Wed, Nov 06, 2013 04:20 PM Subject : Fwd: Confirmation Receipt To : michael pina <michael.pina@ashland.or.us> RE: Heiman Springs: Last piece of evidence DSL issue is resolved. Mark Knox Sent from my iPhone Begin forwarded message: From: Heiman <helmansprings(a)gmail.com> Date: November 6, 2013, 4:11:40 PM PST To: Mark Knox <knox(abmind.net> Subject: Fwd: Confirmation Receipt Sent from my iPhone Begin forwarded message: From: "ATALIG TriciaLynn" <tricialynn.atalig(&state.or.us> Date: November 6, 2013 at 4:07:28 PM PST To: "helmansprings(a)gmail.com" <helmansprings(@gmail,com> Subject: Confirmation Receipt Hello Gil, Attached is a copy of your credit card receipt for payment made today in reference to E-7350. Please allow a couple of business days for the payment to process and post to the program account. Let me know if you have any questions regarding the payment process. Thank you. Tricia Atalig Department of State Lands 775 Summer St NE #100 Salem OR 97301 Phone 503-986-5253 tricialynn.ataligCo)state.or.us I; I : Data Classification: Level 2 - LIMITED http://oregon.gov/DAS/OP/docs/poliqdstate/107-004-050.pdf *****CONFIDENTIAU Y NOTICE***** 1 oft 11/7/2013 8:15 AM Zimr;xa https://zimbra.ashland.or.us/zimbra/l/printmessage?id=34583 j ra pinam@ashland.or.us + Font Size - Fwd: Pymt r Gil ivi - - - - From : M Knox <knox@mind.net> Wed, Nov 06, 2013 04:52 PM Subject : Fwd: Pymt from Gil Livi To : michael pina <michael.pina@ashland.or.us> One last email (today).... Mark Knox Sent from my iPhone Begin forwarded message: From: Gil Livni <giWcama_ rg a.net> Date: November 6, 2013, 4:34:21 PM PST To: Mark Knox <knox(a)mind.net>, PWS Mike Holscher <mike( keystonenrc.com> Subject: Fwd: Pymt from Gil Livi Sent from my iPhone Begin forwarded message: From: "LOBDELL Robert" <bob.lobdell nstate.or.us> Date: November 6, 2013 at 4:26:58 PM PST To: "Gil Livni (gil(acamagra.net)" <gil(&camagra.net> Subject: FW: Pymt from Gil Livi Hi Gil, DSL has received the payment of the civil penalty. I will be closing the enforcement file out tomorrow 11/7/13. Thank you for your cooperation. Please forward this to the city of Ashland as DSL considers this case closed. Please let me know if you need me to contact anyone in the city of Ashland if this email is not sufficient. Sincerely, Robert Lobdell Resource Coordinator-Enforcement Southern Region-WWCD Department of State Lands 503-986-5282 Phone 503-378-4844 Fax 1 of2 11/7/2013 8:15 AM Zimhra https://zimbra.ashland.or.us/zimbra/h/printmessage?id=34583 t From: ATALIG TriciaLynn Sent: Wednesday, November 06, 2013 4:17 PM To: LOBDELL Robert Subject: Pymt from Gil Livi Bob, Mr. Gil Livi wanted me to inform you that he made a credit card payment earlier in the amount of $3,000 for enforcement # E0007350. Tricia Atalig Department of State Lands 775 Summer St NE #100 Salem OR 97301 Phone 503-986-5253 tricialynn.atalig(a)state.or. us Data Classification: Level 2 - LIMITED http: //oregon.gov/DAS/OP/docs/policy/-state/ 107-004-050.pdf *****CONFIDENTIALITY NOTICE***** This e-mail may contain information that is privileged, confidential, or otherwise exempt from disclosure under applicable .law. If you are not the addressee or it appears from the context or otherwise that you have received this e-mail in error, please advise me immediately by reply e-mail, keep the contents confidential, and immediately delete the message and any attachments from your system. 2 of2 11/7/2013 8:15 AM Ai, PROJECT DESCRIPTION AND FINDINGS OF FACT FOR A MODIFICATION OF THE SUBDIVISION'S OPEN SPACE AND WETLAND AREA. r - F 0 handy St8•eet 1 - D 7 61 _n f §-r 9 f- le - .<-I Sm ° I t a ~ r A41 - - - 3,, - =r-gyp` _ - ♦ _y ~ ~ Otis Street SUBMITTED TO CITY OF ASHLAND PLANNING DEPARTMENT ASHLAND, OREGON SUBMITTED BY URBAN DEVELOPMENT SERVICES, LLC 3 0 20 34 485 W. NEVADA STREET ASHLAND, OREGON NOVEMBER 1ST, 2013 1 E 1. PROJECT INFORMATION: PLANNING ACTION: A request for a modification of the subdivision's Final Plan approval (PA- 2007-00455 to amend the project's open space (wetland area) by retaining the wetland's current delineated boundary and not artificially expand the wetlands into the site's open space. The remaining open space will be converted to passive and semi-active park space. PROPERTY LOCATION: Along Drager Street - between Otis & Randy Streets, 391E 04BC #401. i la,r,}1ro° 'w i i "tea. •-■-■~■r-r-■■■r~■rrr.rrrrr-rr.rr-r r rrrr■ r °t , F r 41` i { v i i y ° ' • ffd i„ _ . II III a.:,~A„AA,La ~ r r r ~ ■ .rr~~ir.r-rr~L-r-rrrr~r-rrrrrirrrr~r■ • 6 - COMPREHENIVE PLAN DESIGNATION: Single Family Residential ZONING DESIGNATION: Single Family Residential; R-1-5 APPLICANT: LAND USE PLANNING: Magnolia Investments, LLC Urban Development Services, LLC Attn: Gil Livni Attn: Mark Knox, AICP 2352 Old Mill Way 485 W. Nevada Street Ashland, OR 97520 Ashland, OR 97520 Phone: 510-913-5110 Phone: 541-821-3752 PROJECT BIOLOGIST: r C „ Keystone Natural Resource Consulting Attn: Mike Holscher, PWS 12920 SW Moreno Drive Gaston, OR 97119 Phone: 503.201.9077 2 l F0 s f . { PROJECT DESCRIPTION: The applicant is proposing a modification of the project's open space, specifically the wetland area. The wetland area, as illustrated in the attached exhibit, is delineated by a bold meandering line and internally hatched. The original plan was to extend the wetlands to the south along Otis Street and to also completely alter the wetland's design and make-up, but as described by the project's Biologist, Mike Horscher, this plan was deemed "not feasible" primarily due to the fact the expansion area was "up-slope", there is not enough natural hydrology to accommodate the expanded area and the re-contouring of the delineated wetland was not only deemed inappropriate to the wetland's natural existence, but that it likely would have removed hydrology and hydrophytic vegetation in some areas. That said, the proposed modification is two-fold and proposes to: 1) Retain the "natural" wetland area and improve it by removing the noxious and invasive plants and replant with native plants conducive to wetland vegetation and for the site's aesthetic enhancement goals. 2) Replant the non- natural open space areas between Otis Street and the delineated natural wetland and between Randy Street and the smaller non-natural open space area east of the two closest abutting homes. These two areas outside the natural wetlands are intended to be more "useable" space and could accommodate a variety of activities such as dog walking or playing catch off-street. The plan identifies two sitting benches on each end of the wetland and although not identified, the applicant intends to install a doggie bag dispenser off the sidewalk for the neighborhood's many dog walkers. The proposed plan also includes a 20' buffer area around the perimeter of the natural wetlands, between the wetlands and the active area described above, by planting an upland groundcover mix that does not need fertilizers or heavy maintenance once established. The proposed planting plan has also been vetted by a majority of the adjoining property owners and some tenants during the week of October 21St to October 25th where an on-site meeting was held and the proposal explained. All participants were very positive about the plan, as well as the development, but for those who owned or lived along the open space's west property line, they were adamant that no additional trees, other than those shown on the proposed planting plan, be planted along their shared property line in order to minimize maintenance and to retain natural light and views. Overall, the neighbors were very much supportive of the modifications. Finally, it should be noted the proposal to not expand into non-natural wetland areas (upland areas) was intended as a mitigation measure for filled wetlands associated with the extension of Drager Street which totaled .2 acres or roughly 8,700 square feet. As pointed out by the project's Biologist in the attached memorandum, the proposal wasn't feasible for a variety of reasons. However, the applicant still mitigated the fill in early 2013 by purchasing $45,000 worth of wetland credits in the Rogue Valley wetland mitigation bank (Corps of Engineer File No. NWP-2006-833/1 / Division of State Lands No. 49090) which is often stated by environmental regulators as having more influence and impact on the area's wildlife and ecosystem when compared to small pocket wetlands. Nevertheless, the applicant and project Biologist contend the current proposal fixes a previously flawed plan, retains the site's natural wetlands, enhances the site's natural wetlands,-adds wetlands to 31 P 1 the Rogue Valley and creates more useable park land for the project's neighbors. In this vein, the applicant contends the proposal is superior from the previous plan. II. FINDINGS OF FACT: Criteria for Approval: Final plan approval shall be granted upon finding of substantial conformance with the outline plan. Nothing in this provision shall limit reduction in the number of dwelling units or increased open space provided that, if this is done for one phase, the number of dwelling units shall not be transferred to another phase, nor the open space reduced below that permitted in the outline plan. This substantial conformance provision is intended solely to facilitate the minor modifications from one planning step to another. Substantial conformance shall exist when comparison of the outline plan with the final plan shows that: a. The number of dwelling units vary no more than ten (10%) percent of those shown on the approved outline plan, but in no case shall the number of units exceed those permitted in the outline plan. The proposed modification request does not alter the subdivision's density as the request is for a partial redesign of the subdivision's open space. b. The yard depths and distances between main buildings vary no more than ten (10%) percent of those shown on the approved outline plan, but in no case shall these distances be reduced below the minimum established within this Title. The proposed modification request does not alter the subdivision's planned building envelopes as the request is for a partial redesign of the subdivision's open space. Further, no new buildings are being proposed with the request, c. The open spaces vary no more than ten (10%) percent of that provided on the outline plan. The subdivision's open space area is not decreasing or increasing beyond the original Outline Plan, but instead the proposal is for a partial redesign of its planned open space area which will include retaining the site's "natural" wetland area(s) and improving the wetlands by removing the noxious and invasive plants and replant with native plants conducive to wetland vegetation. This is consistent with the intent of the original plan and will enhance the site's aesthetics and wetland attributes. Further, the proposal includes a request to deviate from the original planting and enhancement plan that previously considered expanding the wetland into "upland" areas along the Otis Street sidewalk. For reasons identified and explained in detail within the attached memorandum by Mike Holscher, Keystone Natural Resource Consulting, the Project's Biologist, the applicant proposes to retain the wetlands and replant as described above, but instead of expanding into non-wetland area, the open 4 ~t age space would be converted to more "useable" space that could accommodate a variety of activities such as dog walking or playing catch off-street. The plan identifies two sitting benches on each end of the wetland and although not identified, the applicant intends to install a doggie bag dispenser off the sidewalk for the neighborhood's many dog walkers. The proposed plan also includes a 20' buffer area around the perimeter of the natural wetlands, between the wetlands and the active area described above, by planting an upland groundcover mix that does not need fertilizers or heavy maintenance once established. Other: a) The site's second wetland, identified on Tax Lot #403, will remain without modification, other than what was previously approved with the Final Plan. This area too will have its noxious and invasive plants removed and replanted per the original planting plan. b) All improvements as described above will occur immediately in accordance with the City's Stream and Wetland Enhancement Guide as well as stipulations allowed under the statute for Certain Voluntary Habitat Restoration Activities. d The building size does not exceed the building size shown on the outline plan by more than ten (10%) percent. As noted, the proposed modification request does not alter the subdivision's planned building envelopes as the request is for a partial redesign of the subdivision's open space. Further, no new buildings are being proposed with the request. e. The building elevations and exterior materials are in conformance with the purpose and intent of this Title and the approved outline plan. The proposed modification request does not propose altering building elevations or building materials. f. That the additional standards which resulted in the awarding of bonus points in the outline plan approval have been included in the final plan with substantial detail to ensure that the performance level committed to in the outline plan will be achieved. No density bonus points were proposed or awarded with the Outline Plan proposal. The base density was 19.53 units and the request was for 18 homes (17 new). g. The development complies with the Street Standards. All streets have been completed under the supervision of the City's Engineering and Public Works Departments. The proposed modifications are for the site's open space areas and do not alter the public streets or sidewalk systems. 1, Q 'M Ar IVIEMORANDUM Keystone Natural Resource Consulting 12920 SW Moreno Drive Gaston, OR 97119 Cell: (503) 201-9077 Email: mike@keystonezarc.cow To: City of Ashland Date: October 28, 2013 From: Mike Holscher, PWS Pages Subject: Magnolia Investment, LLC - Helman Springs Development Magnolia Investment, LLC (Magnolia) purchased the Helman Springs Development from Sage Development. At that time all state and federal removal/fill permits were transferred to Magnolia, and were valid. In the interim while obtaining local permits, both the Oregon Department of State Lands (ODSL) and US Army Corps of Engineers (USACE) removal/ fill permits expired. Meanwhile, Magnolia commenced with infrastructure build-out and home construction. In 2011 upon the expiration of the removal/fill permits, Magnolia was contacted by letter that their permits had expired, wetlands were filled and compensatory mitigation construction had not been completed. Mitigation construction is required to be completed prior to or concurrent with development. This put Magnolia in an enforcement action due to the violation of the removal/fill law. Magnolia sought out professional consultation to resolve the issues with ODSL and USACE. The first action was to update the expired wetland delineation and calculate that actual area of wetland filled by the development. The delineation was concurred with in August 2012. The USACE-deals with non-permitted fill with an "after-the-fact" removal/fill permit and the ODSL opens an enforcement file on the project. When drafting the new application it was discovered that the compensatory wetland mitigation plan was completely not feasible. The plan was to create wetlands south and uphill from two springs on the Helman Springs site's west edge. This discovery was pointed out to both ODSL and USACE and both agencies agreed that a credit purchase in the Rogue Valley wetland mitigation bank was a good solution for wetland impact mitigation since onsite mitigation would have failed. In 2012 an updated removal/fill application was submitted to the USACE for review. The USACE issued a new permit on January 11, 2013. As part of the temporal loss penalty, Magnolia placed the non-impacted wetland at the west edge of the Helman Springs Development in a conservation easement. ODSL also received the information sent to the USACE as part of their enforcement review and agreed with the proposed actions of buying mitigation credits in place of a flawed mitigation plan. ODSL has sent the final civil penalty letter to Magnolia. When that payment has been made ODSL will close the enforcement file and send a letter to Magnolia noting the closure of the file. 4s ,Ey Currently, the City is asking Magnolia to implement the original wetland mitigation plan or provide an equal plan. Magnolia's current agreement with ODSL and USACE provided mitigation though mitigation bank credits. Therefore no onsite wetland grading is currently permitted. There is an exemption in the removal/fill law that allows for "Certain Voluntary Habitat Restoration Activities." This allows for vegetation planting of native woody and herbaceous plants by hand or mechanized means. No ground alteration, such as grading and contouring, is allowed (see attachment). Because of this limitation, the old mitigation plan has been modified to comply with the 2011 City plan. The following actions will occur; 1) The uplands to the south of the existing wetland (Figure 1) will not be converted to wetland. This area is upgradient of the water source and cannot support wetland hydrology and hydrophytic vegetation. This area will be treated as described in Action 4 and Figure 1. 2) All City listed noxious and invasive plants west of Drager Street will be removed. 3) Any barren areas created from noxious /invasive species removal will be replanted with natives (see Figure 1 for details) 4) An updated tree, shrub and groundcover planting plan has been designed to provide enhancement for the entire area (Figure 1). 5) Two observation areas will be created to encourage public awareness of urban wetlands; this includes bark mulch paths, benches, signage and pet waste stations. For best results, all plantings should be completed in the fall. Monitor the site the following spring and summer for invasive species and spot treat as needed with Rodeo or other aquatic friendly herbicide. The uplands will likely need supplemental watering during the first summer, possibly into the second summer. The species chosen are draught tolerant, but watering will increase survival rates. The City of Ashland "Stream and Wetland Enhancement Guide" provides guidance for a successful planting plan implementation. E 20-ft buffer CORSrO l P"PON i _ CALDEC Nan-S; NR4ant 1. / ` . Wetland Ireatmont; ! \ 1) Remove ail noxious and invosh,e species as per City of Ashland 'Stream and Welland Enhancement Guide,' Nov, 2011, Listed in Appendix B. ! g 2) Plant all barren ground withn 3 UMBCAL y1$5 the following nofAv groundcover,• Soft rush, plug &vmus effuses) Smaii-fruilo tvIevsh, plug (Scirpus mkrocarpus, bfuejoint f rnedgross, seed (Colamagrostls conadeasis, and Roomer's fescue, seed (festuco roemen) Buffer and Adjacent Upland V YG"'7'Lf3t.Yryt~i`," f~..-`... Croundcover PW ON LWI \ - v~load groundcover mix including, ~ ubra, s 9faucus. connotes, A a - k mdiefolfum, £schsholzio aaGf~ usa, Lonkero hrsptdula and tapin spP .,AL~CO UMdC,AL Common Name Se ent Re Name G.. OUEKEL i5ffc incense cedar Cafocedrus deeurrens i Zp ! PINPON Ponderosa pine Anus ponderosa o£ p; UM9CAL Oregon myrtle Umbetlulano colitamica i ! OUML CaL'foa black oak Ouercus kelioggif ACEFR£ Autumn Rre. Mapie Aeer freemonfi Jeftered $dgjf8~ Common Name' SclentiRc Nome , •SYd ✓ SAL~AS'~pi l.. ~ ~ CORSIO Red osier dogwood Comus stolonifem 1790 RiBSAN dowenng currant Rbes sangumeum ` OWCER Osobe»y Oemfena carasiformis Rt',C[tr` j'•~A ~ SWCER 8/ue t]berbeny Sambucus ceruteo tE i SYA41Lt? Snowberry- SymPftonaarpus a/bus SItPAC Pocilio willow Sakx losiondro, lucida _ $CO Scoufer's willow Solix Scoukriono MAMOU Oregon Crape Mahonia aauifomum SP1DOU Couglas' spirep spireo dougksil r o«a ion path`- !1 _ \ P/NPON r9` St').UL8 ~ ~ :.a44CET,` 3 ` ~ OFUCER ACME r - Existing Trees ,r \ KE Y STONE PLANTING PLAN FIGURE l NATURAL MAGNOLIA INVESTMENT/HELMAN SPRINGS DEVELOPMENT RESOURCE Ashland, Jackson County; Oregon CONSULTING Approximate Scale I inch = 50 50 100 October 282013 Source: KenCairn site survev. 2009 E€ • , Acronyms Certain Voluntary Habitat Restoration Activities The following activities are exempt from removal-fill permit requirements as stated in the administrative rules: • Research and Fish Management in ESH: Construction and maintenance of scientific and research devices related to population management, watershed and habitat restoration, and species recovery, provided the activity does not exceed 50 cubic yards of removal or fill. • Vegetative Planting: Planting native woody or herbaceous plants by hand or mechanized means. Ground alteration such as grading or contouring before planting is not covered by this exemption. • Refuge Management: Habitat management activities located in a National Wildlife Refuge or State Wildlife Area that are consistent with an adopted refuge, or wildlife area, management plan. Fill or removal in waters of the state for non- habitat management activities such as roads and building is not covered by this exemption. • Ditch and Drain Tile Removal: Disruption or removal of subsurface drainage structures (e.g., drain tiles) and plugging or filling of drainage ditches in wetlands. Notification must be submitted on a form provided by the Department at least 30 calendar days before commencing the activity.. • Placement of Large Wood, Boulders and Spawning Gravels: Provided the project location is not tidally influenced and material is placed consistent with the Guide to Placing Large Wood and Boulders. Notification must be submitted on form provided by the Department at least 30 calendar days before commencing the activity. • Other Activities Customarily Associated with Habitat Restoration in ESH: Other voluntary habitat restoration activities resulting in less than 50 cubic yards of removal-fill in waters of the state, including the disposal of material resulting from restoration activities within the project area as long as it assists in accomplishing the objectives of the habitat restoration project. The activities must be consistent with the Oregon Aquatic Habitat Restoration and Enhancement Guide and utilize materials or structures that would naturally and/or historically occur at the project site. Notification must be submitted on a form provided by the Department at least 30 calendar days before commencing the activity. RFG Chapter 3: What Activities are Exempt? Page 3-10 k E~ n~ ZONING PERMIT APPLICATION f, N Planning Division CITY OF 51 Winburn Way, Ashland OR 97520 FILE # ° ASHLAND 541-488-5305 Fax 541-488-6006 g DESCRIPTION OF PROJECT Pursuing LEED® Certific6tion? DYES 1:1 NO DESCRIPTION OF PROPERTY Street Address- Qi `"3t5~ i Assessor's Map No, 391 E Tax Lot(s) Zoning Comp Plan Designation < - ) 1 _ APPLICANT Name. - w V4 5~. -'hone - i - ,iE-Mail L,/- r3 o 4 P , r . r Address, City p t' Zip. 2Z ~ 2, PROPERTY OWNER Name y _ Phone E-Mail Address City Zip SURVEYOR ENGINEER ARCHITECT LANDSCAPE ARCHITECT, OTHER Title ~ n, c ~ 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 all respects, true and correct. 1 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 t 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 fumished 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 removed at ft expense; If I have any doubts, I am advised to seek competent professional advice and assistance, A iicartrs i nature Date As owner of the property involved in this request, I have read and understood the complete application and.its consequences to me as a property owner. /e7, _ r t~o Propertner' Si nature (required) Date [ro be completed by City Staff) Date Received 13 Zoning Permit Type Filing Fee $ OVER 0 GAcomm-dcv\piapning)Fotms & HandoutsMaing Pmu& Applicatiomdoc X` Job Address: 247 OTIS ST Contractor: ADDRESS CHGD TO 222 RANDY ST Address: ASHLAND OR 97520 C A Owner's Name: SYLVIA CHAMBERS O Phone: P Customer 06201 N State Lic No: P MAGNOLIA INVESTMENT LLC T City Lic No: L. Applicant: 2532 OLD MILL WAY R Address: ASHLAND OR 97520 A C C Sub-Contractor: A Phone: (510) 913-5110 T Address: N Applied: 10/30/2013 0 T Issued: Expires: 04/28/2014 R Phone: State Lic No: Maplot: 391 E04BC400 City Lic No: DESCRIPTION: Helman Springs Wetlands, modification VALUATION Occupancy Type Construction Units Rate Amt Actual Amt Constuction Description Total for Valuation: MECHANICAL ELECTRICAL STRUCTURAL PERMIT FEE DETAIL Fee Description Amount Fee Description Amount Amendment to Conditions 998.00 CONDITIONS OF APPROVAL COMMUNITY DEVELOPMENT Tel: 541-488-5305 20 East Main St. Fax: 541-488-5311 Ashland, OR 97520 TTY: 800-735-2900 www.ashiand.or.us Inspection Request Line: 541-552-2080 C I ? Y ® F A -ASHLND