Item B: Ordinance Concerning Goal 5 Natural Resources Study

Home Browse Search

recommendations for Goal 5, hundreds of tax lots would have setbacks that include existing buildings and yards. For this reason, the proposed regulations include provisions that exempt existing development, and allow continued use and maintenance of existing ornamental garden and landscape areas. The draft ordinance contains provisions to address situations in which the regulations would reduce the fair market value of the property. Mr. Schutz' concern about whether retaining walls needed to protect an existing building would be allowed is a valid concern. Staff has reviewed the allowed uses in the proposed regulations, and has recommended changes to sections 9.4930(2)(0) and 9.4930(3)(k) to more clearly allow retaining walls where it is shown that they are needed to protect existing permanent structures. 6.15 Spickerman. Jim/Gleaves. Swearingen (for MimobaIRottenbacher). Submitted photo as clarification regarding location of "top of bank" on west side of Ayres Pond (Site E48 B). Staff response: The presence of two tiers of "banks" along the lake (a lower bank and an upper bank created by fill) have created some confusion as to where "top of bank" may be located for purposes of determining the limit of the conservation area. While draft section E.C. 9.4920(1)(c)2 allows the setback to be measured from ordinary high water when location of the top of bank is unclear, staff has been able to resolve this specific issue. Based upon evidence submitted for this portion of Site E48 B, staff has determined that the upper tier was created by deposition of fill material during construction of the mobile home park, and that the lower bank next to the water's edge be treated as the top of bank for the purpose of determining the location of the conservation area. 6.16 St. Clair. Shirley. States that the riparian corridor (E37I at Fox Hollow and St. Clair Lane) has been disturbed and modified, and that her property value would be significantly reduced from its potential for 5 additional lots. For these reasons, she believes that her property should not be required to have a setback. Staff response: During the inventory process and during the Planning Commission review, staff had been unable to view the habitat characteristics on this site, and therefore staff (and the Planning Commission) did not previously have an accurate understanding of its character. However, staff recently visited the site at the owner's invitation in order to better understand her written testimony. The stream runs across the St. Clair property for approximately 230 feet. There are provisions in the proposed ordinance, such as allowances for stream crossings and buffer reductions, that would allow development of additional lots on this 4.3-acre parcel. However, staff found that this stream reach does not have the same characteristics of other streams proposed for a 40-foot conservation area. This 230-foot stream section has been greatly altered and contains very little riparian vegetation. In addition, the steep slopes characterizing the channel downstream are not present along this section. The 40-foot conservation area was originally recommended for upland sites with steep slopes and relatively intact riparian plant communities. Due to the unique characteristics of the stream within the St. Clair parcel, almost one-fourth of the E37I site does not meet these criteria, since this portion has minimal habitat values, and is nearly flat. However, three-fourths of Site E37I contains high quality riparian habitat and the lower portion has steep slopes, and waterway provides important water quality functions for Amazon Creek. The St. Clair parcel, due to previous grading, channelizing of the stream, construction of stream crossings, removal of vegetation, placement of a large volume of fill, construction of bank armoring and retaining walls, has relatively few existing constraints to development compared to other portions of Site E37 I, and compared to other stream corridors in the South Hills. For this reason,